On Monday, November 8, 2020 the U.S. Court of Appeals for the Fourth Circuit issued a decision concerning Clean Water Act (CWA) Section 402 (NPDES) permitting at reclamation bond forfeiture sites.  These sites are the responsibility of the West Virginia Department of Environmental Protection’s (WV DEP) Special Reclamation Fund (SRF).  The SRF is the state’s federally-approved Alternative Bonding System (ABS) under the federal Surface Mining Control and Reclamation Act (SMCRA).

The Appeals Court held that WV DEP has a responsibility under the CWA to obtain NPDES permit coverage for bond forfeiture sites.  The decision has serious financial implications as to the solvency of the SRF and its ability to qualify as an ABS under SMCRA.  Further, if the SRF no longer qualifies as an ABS, it can place the primacy of West Virginia’s state mining regulatory program at risk and subject certain parts or the entire program to a “takeover” by the federal Office of Surface Mining (OSM).

The Association is actively reviewing the decision as is WV DEP and we will advise the membership of further details are they are developed.

According to Paul Forward reporting on U.S. International Trade Commission data for January-September 2010, U.S. coal exports were up more than 46% y/y to 60.7 million tons. Metallurgical coal exports were up by more than 68% y/y and thermal coal exports were up more than 11% y/y through September. Coal imports through the same period were down 16% y/y to 14.4 million tons. YTD metallurgical coal exports to Asia was 9.9 million tons, or 23% of total met coal exports, vs. the year-ago level of 3.5 million tons, or 14% of total met coal exports for the same period.

• Attended Senator President Earl Ray Tomblin's first press conference as the upcoming Acting Governor at the State Capitol on Monday.
• Participated in WVU President Clement's Advanced Energy Initiative's National Advisory Board Meeting on Tuesday in Morgantown.
• Will join with FACES for informational displays and outreach at the Remember the Miners concert in Morgantown on Friday evening.
• Spoke to the Kanawha Valley Miningin Institute (KVMI) last Thursday night in South Charleston.
• Will participate in the Charleston Area Alliance's Networking forum in Charleston.
• John Mairs (Jackson Kelly) will represent the Association at the Property Valuation Committee meeting next Friday (11/19) in Bridgeport. A part of the agenda will deal with property taxation differences between oil and gas properties and coal properties.

The Herald-Dispatch

HUNTINGTON -- The Huntington Regional Chamber of Commerce is hosting its 6th Annual Energy & Natural Resource Symposium, beginning at 3 p.m. Tuesday, Nov. 9, at Pullman Plaza Hotel.

The event will be from 3 to 5 p.m. with a reception following from 5 to 6 p.m. The keynote speaker will be Hal Quinn, president of the National Mining Association. In this role, he is involved with the key energy and environmental issues affecting coal and its use in electricity generation. His career also has included roles with the Interior Department and the Labor Department.