According to Myron Ebell of the Conservative Enterprise Institute, the “cap-n-trade” bill has been removed from the Senate calendar for now.  His note said:  After another meeting of Senate Democrats on Thursday, Majority Leader Harry Reid announced that the anti-energy package he plans to bring to the floor next week will not include cap-n-tax.  He said that he will be happy to bring cap-n-tax to the floor later in the session if Kerry can produce 60 votes.  The package Reid hopes to bring to the floor includes four titles: BP oil spill provisions; energy efficiency measures; natural gas vehicles, especially heavy-duty trucks; and something on the Land and Water Conservation Fund, which is an appropriated trust to buy federal land and turn it into federal land funded from oil royalties.  The major item is probably the title on natural gas vehicles and might be called the Boone Pickens Taxpayer-Funded Payoff.  

On Monday evening the Legislature approved, and the Governor signed immediately, House Bill 201 providing for a special election to pick the successor for Senator Robert C. Byrd’s seat and the election will be open to anyone who wants to file, including anyone who is already on the November ballot for another office.  Republicans in the Legislature advocated this amendment and referred to it as the “Capito” amendment since it would permit Congresswoman Capito to seek election to the U.S. Senate, as well as her seat in Congress.  However, the next morning, Congresswoman Capito announced she would not file for the U.S. Senate seat and would limit her re-election efforts to her 2nd District Congressional seat.  So far there have been two Democrats file to oppose Governor Manchin.  Former Secretary of State and longtime mining opponent, Ken Hechler, who is 95 years old, described his filing as a referendum on mountain top mining.  Also, former House of Delegates member Sheril Fletcher from Morgantown filed as a Democrat.  A number of Republicans filed, led by the most prominently known John Raese and Mac Warner, both from Morgantown.  The filing period ends today, Friday, at 5 p.m.  There will be a Primary Election on August 28th, with the Special “General” Election to be held at the same time as the already scheduled November General Election.

Committee Substitute for H.R. 5663 which was introduced by Chairman George Miller of the US House Education and Labor Committee during Wednesday’s official Committee “Mark-up”.  Thanks largely to the special efforts of several WVCA, NMA, and BCOA members, the Committee Substitute contains some favorable changes over the introduced version, but remains generally ominous. The threat of moderate legislation from Congresswoman Capito looming over House deliberations is also believed to have played a role in Chairman Miller’s decision to “soften” the bill. 

Among other changes, the Chairman’s Substitute eliminates the proposed definition of S&S violations; revises and lowers the proposed penalties and miner loss of pay provisions; further alters the proposed POV program and directs the General Accountability Office to analyze MSHA’s plan approval process.

Chairman Miller maintains optimism that the full House will pass H.R. 5663 before the Labor Day recess or July 30th.

Communications and work continues with Senator Rockefeller and his staff with greater success to amend the bill anticipated once the bill is taken up by the Senate. 

On Monday, the Association filed comments to the changes proposed by WVDEP to the water quality standards, 47CSR2.  Jason Bostic (WVCA VP) authored and submitted these comments with a great deal of input from members of the Environmental & Technical Committee.  Copies of these comments are available at the Association. 

Jason Bostic (WVCA VP) spent several days this week in Washington, DC attending the initial Scientific Advisory Board (SAB) meetings that were held to review the two reports that serve as the basis for EPA’s April 1, 2010 Guidance on regulating coal mining in Appalachia under Sections 402 and 404 of the federal Clean Water Act.