The “Perfect Storm” continues to pound the coal industry here in West Virginia and across the country. The anti-coal policies of the Obama Administration and the EPA along with the lingering impacts of a worldwide economic downturn and a mild winter continue to push U.S. coal production lower, while West Virginia production resumes its decline.

According to NMA, coal production is off nationally by 1.4 percent year-over-year for the 52 weeks ending April 7. In West Virginia, production decline by 3.3 percent for the same period – with state mines producing 131.4 million tons compared to 135.8 million tons a year ago.

Railcar loadings are off 16 percent measured year-over-year. Meanwhile, electric production is off 1.9 percent across the country for the same period. Raw steel production in the U.S. continues to trend upward slightly, up approximately 6.7 percent year-to-date.

Exports of met coal are up 16.7 percent year-to-date from this time last year, however exports of steam coal remain down 9.3 percent year-to-date for the same period.  As an antithesis of what’s happening here, Reports from India indicate that their coal-fired electric generation plants have less than four-days of supply on the ground, with many having no reserve stockpiles at all.

The West Virginia Coal Association has joined an alliance of state coal, manufacturing and energy associations, as well as state chambers of commerce in petitioning for a judicial review of recent actions by the EPA related to mercury standards at steam electrical generation facilities. The petition challenges the rule filed by the EPA on February 16.

This rule sets a standard that is impossible to meet by new coal-fired power plants and it will force the short-term shutdown of many of the existing coal-fired generation facilities,

The WVCA, the Kentucky Coal Association, the Pennsylvania Coal Association, the Virginia Coal Association and the Indiana Coal Council are joined by the West Virginia, Kentucky, Indiana, Pennsylvania, Michigan, Ohio, South Carolina and Virginia chambers of commerce as well as several other industry organizations in filing the petition for a judicial review of the final action of the United States Environmental Protection Agency (U.S. EPA) under the Clean Air Act entitled “National Emission Standards for Hazardous Air Pollutants from Coal-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units.

The case was filed in the U.S. District Court for the District of Columbia. A decision is expected sometime in late-2012 or early 2013.

Lawyers for Arch Coal moved things a step closer to possibly having that lawsuit be decided. In their filing, Arch’s lawyers have asked Judge Chambers to lift his stay on the proceedings and make a decision on the company’s longstanding motion for summary judgment.

In their filing, Arch attorney’s indirectly referenced U.S. District Judge Amy Berman Jackson’s recent decision on the EPA’s actions related to the permit.

“USEPA participated in a lengthy permit review process that took the better part of a decade. It did not object when the Corps issued the permit in January 2007,” Arch states. “It did not object when Mingo Logan started to mine. It has not gathered or requested any information from Mingo Logan to determine whether any impacts have resulted from over three years of mining that have already occurred under the Spruce No. 1 Permit. It has never rebutted the Corps’ determination that Mingo Logan’s operations have been conducted in compliance with the Section 404 permit. Its belated political decision to exercise its Section 404(c) authority has been rejected as untimely and illegal. There simply is no reason to deny Mingo Logan the right to a resolution of its outstanding motion for summary judgment.”

The West Virginia Coal Association will be taking part in a panel discussion at this year’s Nemacolin Energy Institute National Coal Conference April 24-25 in Farmington, PA. The event will be held at the Nemacolin Woodlands Resort and will feature speakers from ACCCE, the NMA and CONSOL Energy.

WVCA President Bill Raney will represent the Association in a panel discussion along with Bill Bissett, president of the Kentucky Coal Association; Mike Carey, president of the Ohio Coal Association and George Ellis, president of the Pennsylvania Coal Association.

For more information or to register, visit the event website at www.nationalcoalconference.com.

REGISTRATION DEADLINES

If you plan to vote in May’s primary election, April 17, next Tuesday, is the last day to register to vote at your county clerk’s office. It is also the last day to mail a voter registration application or to register at one of the state’s voter registration offices. April 17th is also the last day to file a change of political party for the primary or to register to vote after moving to a new county within the state.

For more information about these and other deadlines, check out the West Virginia Secretary of State’s Election webpage at  http://www.sos.wv.gov/elections/Pages/VoterRegistrationCalendar.aspx.

Most of all … exercise your rights and VOTE!

EARLY VOTING SCHEDULE

Early voting for the May 8th primary election begins April 25th and concludes May 5. For more information contact your County Clerk’s office or the West Virginia Secretary of State’s office.