coal

Wyoming and Montana are looking to the U.S. Supreme Court to intervene over Washington's decision on the Millennium Bulk Terminal. The states announced today they have filed a joint motion to challenge what they call "Washington State's unconstitutional discrimination against a proposed coal export terminal."

"Right now, we believe this is our sole remedy," said Wyoming's Attorney General Bridget Hill.

In a flurry of court filings last week, Blackjewel LLC and related entities sought permission to investigate the company's former CEO and President Jeff A. Hoops over what it called "a years-long effort by Mr. Hoops to transfer tens of millions of dollars of the Debtors' assets for his benefit and the benefit of his family and other Hoops-Related Entities."

The Trump Administration has proposed comprehensive updates to the National Environmental Policy Act (NEPA). According to the Council on Environmental Quality (CEQ), which oversees NEPA implementation, they would the biggest changes made in over 40 years.

NEPA, established in 1970, requires all federally-related developments to show what environmental impacts they will have. There are three types of reviews: Environmental Impact Statements (EIS), Environmental Assessments (EA), and Categorical Exclusions (CE).

Preliminary data shows U.S. greenhouse gas emissions fell 2.1 percent in 2019 following a spike in 2018.

A report put together by the Rhodium Group, an independent research provider, estimates emissions actually increased in nearly every sector except for the energy industry.

A bill that would secure lifelong pension and healthcare benefits has been incorporated into the final funding package to keep the U.S. government open past Friday, December 20.

Hours into a meeting of the Select Committee on Coal/Mineral Bankruptcies, Chairman Eric Barlow brought up a draft bill called "Protested Tax Payments." With little pause, Barlow welcomed in the day's regular testifiers.

The federal judge overseeing Blackjewel's bankruptcy is disputing the "propriety and necessity" of noticeably high fees from attorneys and professionals.

In a court filing yesterday, Judge Frank Volk questioned restaurant, travel, and lodging expenses from five firms totaling $73,583. That included three law offices, a financial services group, and a research firm. It accounted for about 30 percent of the total expenses racked up by the groups in only four months since Blackjewel filed to reorganize.

Natural gas producers in Wyoming are facing a dramatic new normal as prices drop and supply explodes. The state Consensus Revenue Estimating Group (CREG) report estimates natural gas production is falling at similar levels to coal projected to be down nearly 40 percent this year from 2009.

Wyoming's Corporations, Elections and Political Subdivisions Committee tabled a bill that would have changed how the Public Service Commission (PSC) oversees coal-fired power plants that are closing early. The bill considered requiring the PSC to consider socioeconomic factors, reliability impacts and any other information deemed necessary when looking at early retirement.

Natural gas had a banner year in 2018 with production, consumption and exports all hitting record highs. Production actually saw its largest year-over-year growth by volume since the Energy Information Administration began collecting the data in the 1930.

The Wyoming Public Service Commission has initiated an investigation into Rocky Mountain Power's (RMP) Integrated Resource Plan (IRP) filed on October 18, 2019.

The company taking over Cloud Peak Energy's three mines in Montana and Wyoming has hit a snag in securing its surety bonds that are used to guarantee reclamation. The Navajo Transitional Energy Company (NTEC) expected the Navajo Nation to back its reclamation costs through a pre-existing agreement.

Gov. Mark Gordon announced an effort called Power Wyoming this week to study new revenue scenarios for Wyoming. The group presented data to the legislature's Joint Revenue Committee showing the state can no longer rely on revenues from the energy industry.

Wyoming's Joint Revenue Committee let a bill die without a vote that would have levied a tax on electricity generation whether it's coming from coal, hydroelectric, or wind. Members of the committee considered the Electrical Generation Tax as a way to generate additional funds for the state which is looking at a major budget deficit. This bill could have raised funds ranging from $3 million to $190 million per year.

U.S. senators have introduced a bipartisan bill that promises to protect the pensions for 92,000 retired coal miners and secure 13,000 miners' healthcare benefits.

Wyoming's Joint Minerals, Business and Economic Development Committee used its last hearing before the budget session to discuss concerns over Rocky Mountain Power's recently announced Integrated Resource Plan (IRP). The public utility's long-awaited plan detailed its shift away from coal, including the early retirement of two Wyoming coal plants.

The Environmental Protection Agency is proposing to roll back Obama-era rules governing how coal-fired power plants store and release toxic waste.

Televangelists Joel and Victoria Osteen will visit Gillette this month to speak with community members about hope following recent coal bankruptcies.

The First Judicial District Court in Cheyenne has sided with Brook Mining Company, LLC, ruling that the Environmental Quality Council (EQC) did not have the authority to reject a permit application in 2017. The Environmental Quality Council is an independent board that reviews issues relating to pollution and preservation of air, water, and land quality in Wyoming.

Judge Scott Skavdahl for the United States District Court, District of Wyoming has placed an injunction on part of the Obama-era valuation rule. That rule was intended to update how royalties are calculated from energy production on federal and native land with the goal of giving a fair price to taxpayers.

Eagle Specialty Materials, LLC (ESM) can't close on its deal to own and operate two Wyoming mines just yet. The affiliate of Ohio-based FM Coal hit a snag in its attempts to replace surety bonds for the mines; an agreement that guarantees clean-up costs.

Prior to bankruptcy, the federal government was investigating Blackjewel, LLC for possible fraud. The U.S Attorney's Office was concerned the coal company may use a reorganization to get out of debts owed to the government. In other words, that it was violating the False Claims Act. Court filings show Blackjewel owes several federal agencies upwards of $50 million.

In December of last year, Pacificorp released a presentation that shook several Wyoming cities and their state leaders. It was the first hint of the utility's 20-year Integrated Resource Plan (IRP) and it included the early closure of many coal plants including three in Wyoming.

On October 2, the U.S. Bankruptcy Court for the District of Delaware approved the Navajo Transitional Energy Company, LLC (NTEC) to purchase Cloud Peak's assets including the Antelope and Cordero Rojo mines in the Powder River Basin. It comes a month and a half after the Navajo Nation-company won in the initial auction.

Judge Frank Volk for the U.S. Bankruptcy Court for the Southern District of West Virginia has approved Eagle Specialty Materials, LLC (ESM) as the buyer of Blackjewel's western assets including the Belle Ayr and Eagle Butte mines. ESM is an affiliate specifically formed by Ohio-based FM Coal to purchase the assets.

Three months since Blackjewel LLC filed for bankruptcy, a new company is set to close a deal this week and take over the Eagle Butte and Belle Ayr mines. At a Campbell County Commission meeting, Carol Seeger, the county administrative director, said Eagle Specialty Materials LLC is expected to close on its sale order this Friday, October 4.

Contura Energy has entered into an agreement with an Alabama coal company to take over the Eagle Butte and Belle Ayr coal mines in the Powder River Basin. The deal is dependent on Contura reaching a resolution with the federal government and other entities in court to become the owner of both mines.

Wyoming's Department of Environmental Quality says Contura Energy does not have to revise its permit to mine or for reclamation plans right now.

It comes in response to an August 28 complaint from the Powder River Basin Resource Council (PRBRC), a landowners' group, arguing the Eagle Butte and Belle Ayr mines have been inactive for enough time without seeing updated relevant plans that Contura is in violation of state and federal rules.

After weeks of little information from a West Virginia court, Blackjewel could soon be welcoming back its western employees. Workers received a letter with the company's letterhead yesterday, September 9, with the subject, "Possible Recall of Furloughed Blackjewel Workers of Belle Ayr and Eagle Butte Facilities."

Wyoming's Management Council has started a new, one-year legislative committee in response to the recent spate of bankruptcies in the coal industry. The hope is to produce legislation that puts Wyoming in an improved position in future reorganizations.