February 3, 2023
Solar developers in West Virginia must ensure that their proposed project location does not violate applicable zoning and land use laws. West Virginia’s land use laws authorize land uses in zoning districts either as “permitted uses” or as “conditional uses.” Where there is municipal or county-wide zoning, “permitted uses” need only comply with whatever zoning criteria have been adopted by an…
July 21, 2022
The United States and Canada reached an agreement earlier this month to remove American tariffs on Canadian-made solar products, including crystalline silicon photovoltaic modules used in solar generation facilities. The tariffs at issue, commonly referred to as “Section 201” tariffs, were imposed in 2018 under Section 201 of the Trade Act of 1974.[1]
The Section 201 tariffs were intended to…
February 10, 2022
West Virginia has long been blessed with tremendous natural resources. It has some of the finest coal and natural gas reserves anywhere in the world. These resources have been developed for more than 150 years.
More recently, wind and solar energy providers have discovered West Virginia. In addition to having ample wind and sunshine, West Virginia’s location makes it attractive place from which…
December 18, 2017
“Everybody has a plan . . . until they get punched in the face.” Mike Tyson.
In his prime, Mike Tyson created a crisis for opposing fighters. Many claimed to have a plan for dealing with Iron Mike, but the plan didn’t hold up under pressure. And Mike knew it.
Planning for a crisis is difficult, but necessary. Crises by their very nature are unexpected, so you cannot plan a detailed response in…
January 26, 2017
The Congressional Review Act (“CRA”) allows Congress to disapprove so-called “midnight” rules of an outgoing administration. But, disapprovals require congressional approvals and are subject to presidential vetoes—making them of limited utility where a rule was issued by an agency of a current president. Thus, while Congress voted to disapprove several rules under the Obama administration,…
January 13, 2017
As we have previously reported, Murray Energy is pursuing an action against EPA in federal court in in the Northern District of West Virginia arguing that EPA failed to discharge an obligation under Section 321(a) of the Clean Air Act to evaluate the job impacts of its Clean Air Act rules.
After rejecting numerous attempts by EPA to limit discovery, the district court (Judge Bailey) granted…
January 10, 2017
Happy New Year! The Federal Mine Safety and Health Administration (“MSHA”) has been busy clearing out any lingering rulemaking or policy decisions before the end of the current Administration.
For the new MSHA Administration, here is our wish list of priorities:
January 5, 2017
Obamanation: 8 Years Later, OSM Finalizes Stream Protection Rule
The United States Office of Surface Mining (“OSM”) has finalized its “Stream Protection Rule (“SPR”) (12/20/16). This was formerly known as the “buffer zone rule” and dates to the early 1980s. OSM adopted it originally as a means of keeping sediment out of streams. It prohibited land disturbance within 100…
December 6, 2016
Jackson Kelly PLLC recognizes the vital impact that our over 350,000 miners has on our nation and economy, past, present and future.
We want you to know that you have our utmost respect and gratitude, not just today, but every single day, for your fortitude, extraordinary contributions and sacrifices, and for your dedication to the…
November 28, 2016
My colleagues and I have the privilege of working with coal operators every day in the places where coal is mined in this country. From coal basins in Appalachia to Illinois to the Powder River Basin, we have had the pleasure of helping those who mine the coal that powers our homes and makes our steel.
In recent years, the challenges have been numerous, to put it mildly. Undoubtedly, many of those…
July 14, 2016
The United States Court of Appeals for the Fourth Circuit has unanimously upheld the Army Corps of Engineers’ issuance of a Clean Water Act § 404 permit to Raven Crest Contracting, LLC, a subsidiary of White Forest Resources, Inc.
On August 10, 2012, the Corps issued a § 404 “dredge and fill permit” to Raven Crest for its Boone North No. 5 Surface Mine in Boone County, West Virginia. The Ohio…
July 12, 2016
Most reputable scientific journals require that articles be “peer reviewed” before publication. Under this process, articles are submitted to a journal and anonymous “peers” (who have expertise in the subject matter) review the articles. Articles are then accepted, rejected or revised to address the comments of the peer reviewers.
The process is sensible. Certainly, scientific…
February 3, 2023
Solar developers in West Virginia must ensure that their proposed project location does not violate applicable zoning and land use laws. West Virginia’s land use laws authorize land uses in zoning districts either as “permitted uses” or as “conditional uses.” Where there is municipal or county-wide zoning, “permitted uses” need only comply with whatever zoning criteria have been adopted by an…
July 21, 2022
The United States and Canada reached an agreement earlier this month to remove American tariffs on Canadian-made solar products, including crystalline silicon photovoltaic modules used in solar generation facilities. The tariffs at issue, commonly referred to as “Section 201” tariffs, were imposed in 2018 under Section 201 of the Trade Act of 1974.[1]
The Section 201 tariffs were intended to…
February 10, 2022
West Virginia has long been blessed with tremendous natural resources. It has some of the finest coal and natural gas reserves anywhere in the world. These resources have been developed for more than 150 years.
More recently, wind and solar energy providers have discovered West Virginia. In addition to having ample wind and sunshine, West Virginia’s location makes it attractive place from which…
December 18, 2017
“Everybody has a plan . . . until they get punched in the face.” Mike Tyson.
In his prime, Mike Tyson created a crisis for opposing fighters. Many claimed to have a plan for dealing with Iron Mike, but the plan didn’t hold up under pressure. And Mike knew it.
Planning for a crisis is difficult, but necessary. Crises by their very nature are unexpected, so you cannot plan a detailed response in…
January 26, 2017
The Congressional Review Act (“CRA”) allows Congress to disapprove so-called “midnight” rules of an outgoing administration. But, disapprovals require congressional approvals and are subject to presidential vetoes—making them of limited utility where a rule was issued by an agency of a current president. Thus, while Congress voted to disapprove several rules under the Obama administration,…
January 13, 2017
As we have previously reported, Murray Energy is pursuing an action against EPA in federal court in in the Northern District of West Virginia arguing that EPA failed to discharge an obligation under Section 321(a) of the Clean Air Act to evaluate the job impacts of its Clean Air Act rules.
After rejecting numerous attempts by EPA to limit discovery, the district court (Judge Bailey) granted…
January 10, 2017
Happy New Year! The Federal Mine Safety and Health Administration (“MSHA”) has been busy clearing out any lingering rulemaking or policy decisions before the end of the current Administration.
For the new MSHA Administration, here is our wish list of priorities:
January 5, 2017
Obamanation: 8 Years Later, OSM Finalizes Stream Protection Rule
The United States Office of Surface Mining (“OSM”) has finalized its “Stream Protection Rule (“SPR”) (12/20/16). This was formerly known as the “buffer zone rule” and dates to the early 1980s. OSM adopted it originally as a means of keeping sediment out of streams. It prohibited land disturbance within 100…
December 6, 2016
Jackson Kelly PLLC recognizes the vital impact that our over 350,000 miners has on our nation and economy, past, present and future.
We want you to know that you have our utmost respect and gratitude, not just today, but every single day, for your fortitude, extraordinary contributions and sacrifices, and for your dedication to the…
November 28, 2016
My colleagues and I have the privilege of working with coal operators every day in the places where coal is mined in this country. From coal basins in Appalachia to Illinois to the Powder River Basin, we have had the pleasure of helping those who mine the coal that powers our homes and makes our steel.
In recent years, the challenges have been numerous, to put it mildly. Undoubtedly, many of those…
July 14, 2016
The United States Court of Appeals for the Fourth Circuit has unanimously upheld the Army Corps of Engineers’ issuance of a Clean Water Act § 404 permit to Raven Crest Contracting, LLC, a subsidiary of White Forest Resources, Inc.
On August 10, 2012, the Corps issued a § 404 “dredge and fill permit” to Raven Crest for its Boone North No. 5 Surface Mine in Boone County, West Virginia. The Ohio…
July 12, 2016
Most reputable scientific journals require that articles be “peer reviewed” before publication. Under this process, articles are submitted to a journal and anonymous “peers” (who have expertise in the subject matter) review the articles. Articles are then accepted, rejected or revised to address the comments of the peer reviewers.
The process is sensible. Certainly, scientific…
