The U. S. District Court for the District of Columbia (court) ruled on Oct. 6 in National Mining Association v. Jackson that the U.S. Environmental Protection Agency (EPA) unlawfully changed the permitting process for Clean Water Act (CWA) § 404 permits for coal mines. The court sided with the State of West Virginia and the National Mining Association (NMA) in challenging EPA and the U.S. Army Corps of Engineers (Corps) actions that unlawfully obstructed the issuance of CWA permits and created a de facto moratorium on surface and underground coal mining within the Central Appalachian region and beyond.  Apart from striking down a significant obstacle, EPA injected into the CWA § 404 permitting process, this decision should provide a valuable precedent to deter federal agencies from using informal guidance to alter regulatory procedures and impose new requirements.

WVCA’s Senior Vice President Chris Hamilton presented testimony at the MSHA’s public hearing on Proposed Rule on Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines last week.  The hearing was conducted by Greg Wagner, MSHA’s Deputy Assistant Secretary

Hamilton discussed issues and concerns with the proposed timeline for refitting continuous miners with proximity detectors and advised of the work done by the WV Mine Safety Technology Task Force and encouraged MSHA to coordinate the development of this rule with the State.  He also used the hearing as an opportunity to express concern over the agencies position and reluctance to approve extended-cut remote controlled mining plans in order to minimize unnecessary repeated exposure to moving equipment underground.

Full WVCA testimony as well as testimony presented by Brian Thompson of Joy Global is available from WVCA by contacting Chris Hamilton at chamilton@wvcoal.com

Bill made a presentation to the North Carolina Coal Institute in Southern Pines, NC last Wednesday evening.  WV DEP Secretary Randy Huffman, Terry Sammons and a representative of the Corps of Engineers were on the following morning’s program.    

Friends of Coal spokesman Coach Don Nehlen will speak to a Chesapeake Energy Safety Meeting on Tuesday, October 25^th in Teays Valley.  He will also make a presentation to the combined Princeton/Bluefield Rotary Clubs on Friday, October 28^th in Princeton. 

We are coordinating a tour for students from a Marshall University Geography Class at Pritchard Mining’s operation on Tuesday, October 25^th in Kanawha County. 

Coach Nehlen and Coach Pruett will participate in the Southern regional meeting of the Fellowship of Christian Athletes (FCA) on November 15^th in Beckley.

Chris and Jason will film this month’s edition of The Coal Seam on WV Public Broadcasting’s Library Channel on Tuesday, October 25^th in Charleston.  Topics will include the recent DC Circuit Court decision regarding EPA’s illegal rulemaking, developments pertaining to WV’s alternative bonding program and the Special Reclamation Fund, as well as the Association’s participation in Thursday’s Congressional Coal Caucus meeting in Washington. 

More than 100 teams from 13 states competed in the 2011 National Mine Rescue, First-Aid, Bench and Preshift Competition at the Greater Columbus Convention Center in Columbus, Ohio which was held in early October.

Teams from West Virginia fared very well in the event including taking third, eighth and eleventh in the overall competition results. First and Fourth in the Combination Competition results and six teams in the top ten of the First Aid competition. 

Selected results from the National Mine Rescue, First Aid, Bench, and Preshift Contest, Columbus, Ohio held October 3 - 6, 2011:

Mine Rescue Competition Final Results
#3 Patriot Coal – Magnum Madison, WV captain Travis Lett
#8 Cliffs - Pinnacle Mining Co. - Pinnacle Blue Team - Pineville, WV captain Chad Lester
#11 Alpha Natural Resources - Southern WV Team Naoma, WV captain Tommy Dove

Combination Competition Final Results
#1 Patriot Coal Magnum captains Travis Lett & Britt Crouse
#4 Alpha Natural Resources Southern WV Naoma, WV Team captains Tommy Dove &   Dave Green

First Aid Competition Results
#3 Patriot Coal Magnum Madison, WV team captain Britt Crouse
#5 Alpha Natural Resources Southern WV Team Naoma, WV Team Captain Dave Green
#6 Eastern Associated Coal, LLC Federal No. 2 Fairview, WV Team Captain John Sabo 
#7 Patriot Coal Southern Appalachia Wharton, WV team captain Jon Castle
#8 Eastern Associated Coal, LLC Federal No. 2 Fairview, WV team captain Justin Scott
#10 Patriot Coal Magnum Madison, WV team captain Travis Lett

The Friends of Coal Ladies Auxiliary is excited to announce the opening of their new website www.friendsofcoalladiesaux.com which includes an online store. The website gives an in-depth view of the many projects the FOC Ladies Auxiliary is involved with to further enhance the public’s support and continued dedication in educating our citizens about the benefits of the coal industry.   The FOC Ladies Auxiliary also invites you to browse their new online store and hopes you will find that perfect gift for your company, employees, family and friends!