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Miners for Democracy Encourage Unions

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In December 1972, coal miners rocked the American labor movement by electing three reformers as top officers of the Mine Workers (UMWA), a union which at the time boasted 200,000 members and a culture of workplace militancy without peer.

In national balloting supervised by the U.S. Department of Labor (DOL), Arnold Miller, Mike Trbovich and Harry Patrick ousted an old guard slate headed by W.A. (“Tony”) Boyle, the benighted successor to John L. Lewis, who ran the UMWA in autocratic fashion for 40 years.

Boyle’s opponents, who campaigned under the banner of Miners for Democracy (MFD), had never served on the national union staff, executive board or any major bargaining committee.

Instead, 50 years ago they were propelled into office by wildcat strike activity and grassroots organizing around job safety and health issues, including demands for better compensation for black lung disease, which afflicted many underground miners.

Today, at a time when labor militants are again embracing a “rank-and-file strategy” to revitalize unions and change their leadership, the MFD’s unprecedented victory—and its turbulent aftermath—remains relevant and instructive.

In the United Auto Workers (UAW), for example, local union activists recently elected to national office—and fellow reformers still contesting for headquarters positions in a runoff that begins January 12—will face similar challenges overhauling an institution weakened by corruption, cronyism and labor-management cooperation schemes.

Some UAW members may doubt the need for maintaining the opposition caucus, Unite All Workers for Democracy (UAWD), that helped reformers get elected, but the MFD experience shows that such political breakthroughs are just the first step in changing a dysfunctional national union.

Imagine what it was like for coal miners in the 1970s to challenge an even more corrupt and deeply entrenched union bureaucracy, with a history of violence and intimidation of dissidents.

When Joseph (“Jock”) Yablonski, a Boyle critic on the UMWA executive board, tried to mount a reform campaign for the UMWA presidency in 1969, the election was marked by systematic fraud later challenged at the DOL. Soon after losing, Yablonski was fatally shot by union gunmen, along with his wife and daughter, as Mark Bradley recounts in Blood Runs Coal: The Yablonski Murders and the Battle for the United Mine Workers of America.

Just three years later, MFD candidates were able to oust Boyle and his closest allies, but without winning control of the national union executive board. As inspiring as it was at the time, this election victory ended up demonstrating the limitations of reform campaigns for union office when they’re not accompanied by even more difficult efforts to build and sustain rank-and-file organization.

Of all the opposition movements influenced by the MFD, in the 1970s and afterwards, only Teamsters for a Democratic Union (TDU) has achieved continuing success as a reform caucus, largely due to its focus on membership education, leadership development and collective action around workplace issues.

Contested Elections Are Rare

Then and now, contested elections in which local union leaders – not to mention working members — challenge national union officials are very rare. Rising through the ranks in organized labor generally means waiting your turn, and when you capture a leadership position, holding on to it for as long as you can.

Aspiring labor leaders most easily make the transition from local elected positions to appointed national union staff jobs if they conform politically.

Dissidents tend to be passed over for such positions or not even considered unless union patronage is being deployed by those at the top to co-opt actual or potential critics. As appointed staffers move up via the approved route, whether in the field or at union headquarters, they gain broader organizational experience by “working within the system” rather than bucking it.

If they become candidates for higher elective office later in their careers, they enjoy all the advantages of de facto incumbency (by virtue of their full-time positions, greater access to multiple locals and politically helpful headquarters patrons).

Only a few national unions—including the UMWA, Teamsters, the NewsGuild / CWA, and now, with inspiring results so far, the UAW–permit all members to vote directly on top officers and executive board members.

Different Route to the Top

On paper, coal miners long had a “one-member, one-vote” system. But, by the late 1960s, there had not been a real contest for the UMWA presidency in four decades. Lacking the stature of his legendary predecessor John L. Lewis, a founder of the Congress of Industrial Organizations, Tony Boyle had become a compliant tool of the coal industry, unwilling to fight for better contracts or safer working conditions.

Increasingly restive miners staged two huge wildcat work-stoppages protesting national agreements negotiated in secret by Boyle (with no membership ratification). In 1969, 45,000 UMWA members joined an unauthorized strike demanding passage of stronger federal mine safety legislation and a black lung benefits program for disabled miners in West Virginia.

Despite passage of the 1959 Landrum-Griffin Act, which created a “bill of rights” for union members, Boyle was able to maintain internal control by putting disloyal local unions and entire UMWA districts under trusteeship, which deprived members of the right to vote on their leaders.

Jock Yablonski’s martyrdom set the stage for a rematch with Boyle. It took the form of a government-run election, ordered after a multi-year DOL investigation of violence, intimidation, vote-tampering and misuse of union funds by Boyle’s political machine.

The standard bearers for reform in 1972 were Yablonski supporters who created MFD as a formal opposition caucus a few months after his death. They also published a rank-and-file newspaper called The Miners Voice as an alternative to the Boyle-controlled UMW Journal.

At MFD’s first and only convention, 400 miners adopted a 34-point union reform platform and nominated Arnold Miller from Cabin Creek, West Virginia, as their presidential candidate. Miller was a disabled miner, leader of the Black Lung Association and former soldier whose face was permanently scarred by D-Day invasion injuries.

His running mates included another military veteran, 41-year-old Harry Patrick, a voice for younger miners, and Mike Trbovich, who helped coordinate Yablonski’s campaign in Pennsylvania.

Despite continuing threats, intimidation, and heavy red-baiting throughout the coalfields, the MFD slate ousted Boyle by a margin of 14,000 votes out of 126,700 cast in December 1972.

This partial blog appeared in full at Labor Notes on January 6, 2023 after it was originally published by In These Times. Republished with permission.

About the Author: Steve Early worked for 27 years as an organizer and international representative for the Communications Workers of America. He is the author of several books.


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Striking Alabama Miners Call Out NYC Hedge Funds for Bringing in Scabs

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Interview by Adam Johnson | Authors | The Indypendent

You take a six-dollar pay cut and what do you get? Five years older and no respect for the sacrifices you made to get your employer out of bankruptcy, say the striking Alabama coal miners who protested outside the Manhattan offices of three hedge funds on June 22.

“They told us, since we bailed them out, they would take care of us,” says Brian Kelly, president of United Mine Workers of America Local 2245, one of more than 1,000 miners who’ve been on strike at two mines in Brookwood, Alabama, since April 1. But instead, he says, “they’re bringing in scabs to work and trying to get rid of the older workforce.”

Warrior Met Coal, which operates the two mines, about 15 miles east of Tuscaloosa, was bought out by a consortium of 20 to 30 hedge funds in 2016 after its previous owner, Jim Walter Resources, filed for bankruptcy, says UMWA spokesperson Phil Smith.

Local 2245 then agreed to major concessions to help the company regain solvency: Along with the $6-per-hour pay cut, their health care costs were increased from a $12 co-pay to a $1,500 deductible; the union had to negotiate a $25 million Voluntary Employees’ Beneficiary Association plan to continue retirees’ health care; and extra overtime pay for Sundays and holidays was eliminated.

“They’re making us work seven days a week, up to 16 hours,” says Kelly, who has worked in the Brookwood mine for 25 years, following his father, uncles, and grandfather. “Now we’re forced to work every holiday except Thanksgiving, Christmas Eve, and Christmas.”

The company’s current contract offer, instead of restoring the $6 pay cut, is a five-year deal with a $1-an-hour increase, with another 50 cents coming in its fourth year, says Kelly.

“This company has prospered,” says Dedrick Gardner, who’s worked in the mine for 13 years. “We worked a whole year during the pandemic. The mine didn’t shut.”

ONE-SIDED SACRIFICE

That brought the miners to the offices of three of the hedge funds that own Warrior Met: In the morning, they protested outside BlackRock Fund Advisors, the largest stockholder, holding 13 percent of the company, according to Smith. In the afternoon, they split into two groups, one at State Street Global Advisors, which owns 11 percent, and the other at Renaissance Technologies, which owns 4 percent.

Outside State Street’s Sixth Avenue offices, about 25 miners and supporters from other unions—the International Association of Theatrical and Stage Employees, the United Food and Commercial Workers, and Retail, Wholesale, and Department Store Union Local 338—marched in an oval, chanting “No Contract, No Coal” and “Warrior Met Has No Soul.” Rain cut it short an hour early.

“These hedge funds are among several entities that invested in Warrior Met five years ago when the company emerged from bankruptcy,” UMWA International President Cecil E. Roberts said in a statement. “But they insisted on dramatic sacrifices from the workers, to the tune of $1.1 billion. The company has enjoyed revenues amounting to another $3.4 billion since then, much of which flowed into these funds’ accounts. It’s time to share that wealth with the people who created it—the workers.”

Company executives got bonuses of up to $35,000 early this year, according to the UMWA. The Brookwood miners now average about $22 an hour, the union says. Kelly says he makes about $60,000 a year.

Contract talks have made little progress since early April, when the miners rejected a proposed agreement drawn up a few days into the strike, 1,006 to 45. Smith says he doesn’t expect them to resume until after July 4.

“They really haven’t moved very far from the contract that got voted down,” says Smith. “I don’t think they got the message.”

EXPLOSIVE DANGER

Aside from pay, union officials say, a main dispute is that management is demanding the power to fire strikers and to give strikebreakers and new hires seniority. Earlier this month, there were at least two incidents where drivers entering the mine site in pickup trucks hit picketers. Warrior Met management responded that it has an injunction that “specifically prohibits picketers from interfering, hindering or obstructing ingress and egress.”

“They want to put the new hires and scab miners to the front of the seniority line,” says Kelly. “I’ve been there 25 years. That’s not going to happen.”

Safety has become a major concern. The foremen the new management brought in, Kelly says, came from West Virginia and Kentucky, and don’t understand the kind of mining they do at Brookwood.

The Alabama mine, which extracts a specialized variety of coal used in making steel, is much deeper than a typical Appalachian “drift mine,” he explains. Its shaft goes down 2,000 feet, and the miners have to travel as much as 10 miles to reach the coal face.

“You can’t walk out if something happens,” he says.

Mining coal at those depths also releases a lot of methane gas, which is toxic, inflammable, and explosive. In the last two years, Kelly says, there have been more “ignitions”—small fires starting from pockets of methane igniting—than he’s seen in his previous 20 years on the job.

“They are building a big potential to have something blow up,” he says.

It’s a peril he knows too well. On September 23, 2001, 13 miners at Brookwood were killed in a methane explosion.

“If you don’t run safe, you won’t run more coal,” Kelly says. “You’ve got to have air to push the dangerous gases out.”

This article first appeared at LaborPress. Steven Wishnia is a LaborPress reporter.

This blog originally appeared at Labor Notes on June 24, 2021. Reprinted with permission.

About the Author: Steve Wishnia is a New York-based journalist, now a reporter for LaborPress and editor of Tenant/Inquilino


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On the Picket Line With Striking Miners

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Last Thursday, around 1,100 coal miners at Warrior Met Coal in Tuscaloosa County, Alabama, went on strike. According to the union, the United Mine Workers of America, a tentative bargaining agreement has now been reached with the company, but workers must still vote on whether or not to ratify it. 

In order to cover this important strike and spread these workers’ stories, we’ve teamed up with our brothers-in-arms Jacob Morrison, a union organizer and cohost of the outstanding Valley Labor Report, Alabama’s only weekly labor radio talk show, and the incredible musician Lee Bains III of The Glory Fires. Jacob and Lee went down to the Warrior Met Coal picket line this weekend to talk with striking miners, play some music, and show solidarity. In this special episode, we’ve compiled clips from Lee’s live performance as well as Jacob’s interviews on the picket line and at the local UMWA union hall.

This blog originally appeared at In These Times on April 8, 2021. Reprinted with permission.

About the Author: Maximillian Alvarez is a writer and editor based in Baltimore and the host of Working People, â€śa podcast by, for, and about the working class today.” His work has been featured in venues like In These Times, The Nation, The Baffler, Current Affairs, and The New Republic.


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Service + Solidarity Spotlight: UMWA Goes on Strike at Alabama’s Warrior Met Coal

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Working people across the United States have stepped up to help out our friends, neighbors and communities during these trying times. In our regular Service + Solidarity Spotlight series, we’ll showcase one of these stories every day. Here’s today’s story.

Unless the parties can reach a last-minute agreement, the Mine Workers (UMWA) union is launching its largest strike since the 1990s. UMWA President Cecil Roberts lambasted the company in a press release announcing the strike at Warrior Met Coal in Alabama. “[I]nstead of rewarding the sacrifices and work of the miners, Warrior Met is seeking even further sacrifices from them, while demonstrating perhaps some of the worst labor-management relations we’ve seen in this industry since the days of the company town and company store,” he said. The union explained that workers at Warrior have made significant concessions since 2016 to help bring the company out of bankruptcy.

Roberts said: “We have always been ready to reach a fair agreement that recognizes the sacrifices our members and their families made to keep this company alive. At this point, Warrior Met is not….Despite Warrior Met’s apparent appetite for this conflict, we will prevail.”


This blog originally appeared at AFL-CIOon April 1, 2021. Reprinted with permission.

About the Author: Kenneth Quinnell  is a long-time blogger, campaign staffer and political activist whose writings have appeared on AFL-CIO, Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.


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The Miners Who Fought for Workplace Safety Have a Thing or Two to Teach OSHA Right Now

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In October 1993, Charles Patrick Hayes, or Pat, was working at a grain bin in Defuniak Springs, a small town in southern Alabama near Fairhope, where Pat was raised. Pat was knocking down corn from the walls of the silo when the crop caved off the sides and crushed him. Pat, just 19, suffocated to death. It took five hours to retrieve his body.

Pat’s father, Ron Hayes, quickly turned his grief into advocacy. A few months after Pat’s death, Hayes quit his job as an X-ray technician and manager of a clinical outpatient facility, and he founded a non-profit called the FIGHT Project, or Families In Grief Hold Together. For almost 30 years, Hayes traveled from Fairhope to Washington, D.C. (45 times by his count) pressuring legislators to improve federal worker safety regulations under the act, implemented in 1971, that created the Occupational Safety and Health Administration, or OSHA. According to Hayes, stricter enforcement of worker safety protocols may have saved his son’s life.

Although OSHA, which monitors most major employment sectors, including the agricultural, construction and service industries, has been criticized for lax regulations for almost 50 years, Covid-19 has brought worker safety back into the forefront of national news and rekindled the conversation around reform. If such reform is to happen, advocates say regulators can look for guidance from a conglomerate OSHA doesn’t monitor: the mining industry.

According to Tony Oppegard, an attorney who specializes in miner safety, the Mine Act is so much stronger than OSHA that “there’s no comparison.” Enacted in 1969, the inherent dangers in mining meant stricter regulations were implemented from the get go.

The Mine Act made mining much safer, and fatalities continue to decrease, with 24 on-the-job fatalities in 2019. While the decrease might be related to a loss of jobs—the coal industry has flatlined in recent years—experts say it’s also related to regulations in the Mine Act: For example, underground mines have to be inspected, at minimum, four times a year.

Meanwhile, OSHA guidelines have no requirement for the minimum number of inspections. That means a lot of businesses can essentially go unregulated. Along with a lack of inspections, there’s a lack of inspectors. While mines have about one inspector for every 50 miners, OSHA has just one inspector for every 79,000 workers. According to data compiled by the AFL-CIO, over 3.5 million injuries were reported to OSHA in 2017. In 2018, an average of 275 laborers died each day from workplace-related illnesses or injuries.

One of the biggest differences in these fatality numbers may also be a workplace right unique to the Mine Act: the broad right to refuse unsafe work.

Take Charles Howard. Howard worked in a number of underground coal mines around his home of Letcher County, Ky. since he was 18 years old. While Howard knew mining was dangerous work, as he grew older, he observed his supervisors making unsafe decisions to get the coal out cheaper and quicker, increasing the likelihood of injuries, illnesses and fatalities. Howard himself suffered multiple injuries while underground including a torn rotator cuff, a broken back, a traumatic brain injury and black lung—a fatal respiratory disease unique to coal miners.

So, between 1989 and when Howard retired in 2014, he fought hard for miner protections on the job site. This was easier under the Mine Act than OSHA because of a section called 105(c) which allows workers to refuse work they consider unsafe without getting fired—and quick temporary reinstatement pending a full investigation and hearing. Under 105(c), when one of Howard’s former employers, the Cumberland River Coal Company, tried to unlawfully fire him twice, Howard filed federal complaints with the help of Oppegard. After he filed, a federal review commission permanently reinstated Howard in his old job.

Under OSHA, this right isn’t nearly as strong. In order to refuse work, an employee has to prove they faced imminent danger of serious injury or death. That’s difficult to do in jobs that contain regular hazards. For example, in farming, workers could face silo explosions or extreme summer heat. In construction, laborers could fall off roofs or scaffolding. But it’s notoriously difficult to place the onus of these accidents on the employer.

But the Mine Act isn’t perfect, and OSHA can also learn from its failures. For example, under the act, safety violations can only lead to misdemeanor charges, not criminal convictions. So mining violations often mean little to no jail time for operators. When the Upper Big Branch Mine disaster, caused by a dust explosion, killed 29 West Virginia miners a decade ago, Don Blakenship, CEO of Massey Energy, spent just one year in prison.

According to Oppegard, a solution could be implementing an industrial manslaughter law under the Mine Act and OSHA, like one passed in Queensland, Australia. Now, if there’s criminal negligence in a mining death, Australian operators could receive 20 years in prison.

Howard, now 60 and retired, agrees that company management might feel more incentivized to protect workers if supervisors are personally responsible for injuries and illnesses on the job site. But, according to Howard, another problem is a lack of education around miner’s rights.

“They didn’t want me on the job because I stood up for my rights,” said Howard, who believes he was let go from multiple jobs because of his advocacy. “Other miners started saying, well we ain’t going to let them [the mining company] do that either.”

For Hayes, like Howard, one of the biggest problems with OSHA is not its scaffolding, but how the act has been implemented.

“I’ve always said OSHA is fair to business and workers both, but it’s been so mismanaged over the years,” Hayes said over the phone. “We’ve got to have a leader who knows what they’re doing.”

According to the AFL-CIO, under President Trump, a pro-business agenda means worker safety has been significantly deregulated since 2016, with budgets slashed and the number of OSHA inspectors at its lowest level in half a century.

Hayes, who recently suffered a series of strokes which he attributes to stress over reforming OSHA, is frustrated by the slow pace of change, but he’s not giving up. He has one wish for the legacy of his work: “I want to be remembered as the man who gave OSHA a heart.”

This blog originally appeared at In These Times on June 2, 2020. Reprinted with permission.

About the Author: Austyn Gaffney is a freelance writer from Kentucky who has written for HuffPost, onEarth, Sierra and Vice.


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Even in Bankruptcy, Coal Companies Can’t Stop Selling Out Workers

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After key environmental protections were rolled back by the executive order of President Donald Trump in March 2017—including the Obama-era Clean Power Plan—coal magnate Robert E. Murray cheered the news. “I think it’s wonderful, not just for the United States coal industry, our miners and their families, but it’s wonderful for America,” said Murray, then-CEO of Murray Energy, the largest privately owned coal company in the United States. Murray had aggressively lobbied for the rollbacks, and In These Times published photos of his secret meeting, earlier that month, to deliver a four-page rollback wish list to Energy Secretary Rick Perry. It was sealed with a hug between the two.

Murray has portrayed himself as a champion of coal miners against environmentalists. “I live among these people,” he told the Guardian just before Trump signed the order. “These are the people who fought the wars and built our country and they were forgotten by Democrats who had gone to Hollywood characters, liberal elitists and radical environmentalists.”

But Murray Energy’s 2019 bankruptcy filings tell a different story. Authored by Murray’s nephew and new CEO, Robert Moore, they point to other coal companies that “used bankruptcy to reduce debt and lower their cost structures by eliminating cash interest obligations and pension and benefit obligations.” Reneging on workers’ hard-earned pensions and benefits has left competitors “better positioned to compete for volume and pricing in the current market.”

The language suggests Murray Energy intends to follow the example of companies like Westmoreland Mining and Blackjewel, using bankruptcy to evade coal miners’ healthcare and pension costs. In a particularly dastardly case, in 2007, Peabody Coal created Patriot Coal, a doomed-to-fail spinoff company, and dumped 10,000 retirees there; they lost their pensions after Patriot promptly filed for bankruptcy. But these bankrupt companies still manage to make good on their debts to banks and hedge funds.

Gary Campbell, 37, a member of United Mine Workers of America (UMWA) and worker at the Murray Energy-owned Marion County Coal Company in West Virginia, is scared for fellow workers who have retired. “The retirees are too old to go back to work,” Campbell says. “So what happens when they can’t afford their house payment or car payment or medical bill? They’re being thrown to the curb. It’s horrible to see people treated like this.”

There’s no question that coal workers face an uncertain future, but a phaseout of coal is a necessity: Coal is the highestcarbon-emission fuel source. A 2015 study found that to prevent the worst effects of climate change, the vast majority of fossil fuels—including 92% of U.S. coal reserves—must stay in the ground. That precarity will be felt most by the poor and working class who, unlike Robert E. Murray, won’t be able to retire to a secluded mansion when heat and natural disasters threaten their homes.

The way to champion coal workers is not to save the industry from environmental regulation, as Murray would like us to think, but to ensure a just transition from a fossil fuel economy—something coal companies have no interest in, but environmentalists and labor unions do. The Green New Deal resolution put forward in February 2019 by Rep. Alexandria OcasioCortez (D-N.Y.) and Sen. Ed Markey (D-Mass.) calls for the United States “to achieve netzero greenhouse gas emissions through a fair and just transition for all communities and workers.” Such a shift could bring coal miners dignified, union jobs in another sector—whether it’s coal cleanup, renewable energy, public transportation, healthcare or another field.

Stanley Sturgill, a retired UMWA coal miner and climate justice activist, advocates a just transition away from fossil fuels as part of a Green New Deal. “As far as a just transition, the only way to look at it is you have to find something equal or better paying than [the jobs] they’ve got right now,” Sturgill says. And it will be workers, not companies, who become the critical leaders in this process.

The just transition can start immediately: Sara Nelson, president of the Association of Flight Attendants-CWA and a vocal supporter of the Green New Deal, has repeatedly called on climate activists to support the 2019 American Miners Act (AMA), supported by UMWA. It would protect the pensions of more than 100,000 coal miners whose retirement fund was depleted by the 2008 crash and rescue the healthcare of miners whose companies went bankrupt.

The AMA is only a first step. In a just world, a full transition would include not only the dignified union jobs called for by the Green New Deal resolution, but shut down the coal companies and redistribute their assets to workers before they can go bankrupt and abandon their obligations—or further harm the climate.

At the very least, the Robert Murrays of the world should be recognized for what they are: enemies of the working people who, as Campbell puts it, “made them their fortune.” Coal companies treat their workers just as they treat the earth: something to extract value from, then discard.

This article was originally published at In These Times on December 12, 2019. Reprinted with permission. 

About the Author: Sarah Lazare is web editor at In These Times. She comes from a background in independent journalism for publications including The Nation, Tom Dispatch, YES! Magazine, and Al Jazeera America. Her article about corporate exploitation of the refugee crisis was honored as a top censored story of 2016 by Project Censored. A former staff writer for AlterNet and Common Dreams, Sarah co-edited the book About Face: Military Resisters Turn Against War.


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Trump administration to weaken protections for endangered species in favor of fossil fuels

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The Trump administration’s Interior Department announced on Monday its official proposal to significantly weaken the nation’s Endangered Species Act. The move would make it easier for new mining, oil, and gas development to take place in areas critical to protected species.

The widely popular conservation law, passed in 1973, has been heralded worldwide for its success. It is credited with saving iconic American species such as the bald eagle and grizzly bear from extinction.

Under the Interior Department’s proposed revisions, it will be more difficult to apply considerations regarding the impact of climate change on wildlife in deciding whether a species should be protected.

Critical habitats would also likely shrink as the rule change paves the way for fossil fuel extraction in areas critical to protected species. And, in a first, economic factors will be allowed to be taken into account when deciding whether new animals should be added to the list of protected species.

The proposal comes after two years of work to narrow the law. Last year, Interior Secretary David Bernhardt wrote in a Washington Post op-ed that the Endangered Species Act places an “unnecessary regulatory burden” on companies.

Bernhardt, however, has a history of lobbying against the law. Prior to joining Interior, he ran the natural resources department at lobbying and law firm Brownstein Hyatt Farber Schreck. During his time there, he worked on behalf of oil and gas companies as well as large agribusinesses to weaken environmental protections. Bernhardt also lobbied on behalf of Westlands Water District and agricultural interests against the Endangered Species Act.

And during his time at the Interior, Bernhardt intervened to block a study showing pesticides might threaten the existence of 1,200 endangered species, according to documents recently revealed by the New York Times.

Fossil fuel companies have also continued to lobby against endangered species protections over the course of the Trump administration. For instance, in May, the Fish and Wildlife Service announced a proposal to downgrade the status of the American burying beetle — an insect threatened by climate change — from “endangered” to “threatened.” This was the result of oil and gas lobbying, and would make it easier for companies to build pipelines.

And two months before that, in March, the Interior Department announced a sweeping set of revisions to Obama-era sage grouse proposed protections. The Trump administration’s planned changes include removing restrictions for new oil, gas, and mining development on millions of acres of sage grouse habitat across the West. In October 2017, a proposed mining moratorium on 10 million acres of crucial sage grouse habitat was also canceled — this was swiftly followed by a decision from the Bureau of Land Management that December ending directives stating oil and gas leases should be prioritized for outside of sage grouse habitat.

One of the most controversial changes among the proposed revisions released Monday is the fact that economics will be a consideration in whether or not a species should be protected. Currently, the decision to add or remove a species is designed to be based purely on science.

“There can be economic costs to protecting endangered species,” Drew Caputo, vice president of litigation for lands, wildlife and oceans at Earthjustice, an environmental law organization, told the New York Times. But, he added, “If we make decisions based on short-term economic costs, we’re going to have a whole lot more extinct species.”

This article was originally published at Think Progress on August 12, 2019. Reprinted with permission.

About the Author: Kyla Mandel is the editor for the climate team. Her work has appeared in National Geographic, Mother Jones, and Vice. She has a master’s degree from Columbia University’s Graduate School of Journalism, specializing in science, health, and environment reporting. You can reach her at kmandel@thinkprogress.org, or on Twitter at .

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As the coal industry collapses, miners face losing their pensions

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Image result for molly taftJune, the Trump administration unveiled one of its largest environmental rollbacks to date: replacing the Obama administration’s  rule, which regulated carbon pollution from power plants. The rule had been a favorite target of President Donald Trump as he stumped on the campaign trail and held presidential rallies. “We’ve ended the war on beautiful, clean coal and we’re putting our coal miners back to work,” he said during a  in West Virginia last November.

But Trump’s promises to save coal have yet come to pass — and miners are becoming increasingly worried for their future.

This week, coal miners from across the country will visit Capitol Hill to demand that Congress protect their pension plans. The visit comes amid grim news for the industry.  have declared bankruptcy since October, with   going under in this month alone.

Coal workers, in turn, are pushing Congress to pass the , which would transfer federal funds into the troubled . But even if lawmakers figure out a solution for the problems plaguing the pension plan, it will be just the beginning of solving a larger issue. Thousands of retirees across the country are on the brink of losing healthcare and security in various pension and retirement plans as the industry takes a nosedive.

The pension plan dates to 1946, when the federal government  with the miners that required coal companies to provide pensions and health care for retired miners. In exchange, miners agreed to end a nationwide strike. The current formation of the fund was negotiated in 1974.

The fund guarantees  for working a dangerous job that often can take a serious toll on their health. But miners are now worried that guarantee won’t last. The fund lost  in the 2008 recession and took additional hits over the next few years after several coal companies went bankrupt. Since January, when Mission Coal went , only one of the original companies in the 1974 pension fund plan, , has been paying dues into the fund.

If lawmakers don’t stabilize the pension fund, the union expects nearly 100,000 miners will lose pensions and health care benefits around 2022. But if Murray Energy collapses, that could happen much sooner.

“If [Murray Energy] were to file bankruptcy — and a lot of coal companies are filing bankruptcy these days — the fund would collapse within a matter of six months,” said Phil Smith, director of communications and governmental affairs at UMWA. The 2022 expiration date, Smith explained, assumes no more coal bankruptcies over the next two years — an optimistic scenario. “We don’t believe we have that much time to wait,” Smith said.

Even if lawmakers shore up the UMWA pension plan, that will only cover some miners. Even more who belong to other pension plans negotiated by the union risk losing health care and retirement benefits as the industry plummets.

For nearly a year, miners at s mines in Wyoming, Colorado, and Montana have faced an uncertain future as the company, which does not contribute to the UMWA fund but does pay into a pension plan for its workers, goes through bankruptcy proceedings. In March, a bankruptcy judge ruled that the company  to freeze its current pension plan as it negotiated a contract with a buyer.

Companies often shed pension plans, health care benefits, and union contracts during bankruptcies, as they restructure and attempt to find new buyers. Bankruptcies also provide coal companies the opportunity to duck out of other financial liabilities, including environmental . This can free up money for costly executive payouts.

Bankruptcy filings show that Westmoreland  $10.2 million to executives in severance payments, salary bumps and bonuses a year before the bankruptcy, and short-shifted miners are calling foul.

“Coal miners, both underground and surface miners, are the hardest working people in America, and their safety and working conditions are the most dangerous in this country, with black lung, silicosis, and other breathing disorders, and from a safety standpoint, falling roofs, rocks, slips, falls, equipment mishaps, and working around beltlines, pulleys and other pinch points,” retired miner Jim Villos wrote in a  sent to the bankruptcy judge. “We, the miners, kept our end of the deal and Westmoreland needs to keep their promise, too!”

Over the past few years, coal companies in the West have largely  while Appalachian firms struggled, partially because western mines produce cleaner-burning coal that can be more easily mined. But now, even the western mines aren’t safe. And as Wyoming author Bob LeResche pointed out in a  in WyoFile, as the industry continues to collapse, companies are using bankruptcy proceedings to eke out money for those at the top while leaving miners without a safety net.

After the bankruptcy of a big coal company, LeResche wrote, those who move in to clean up the damage “will bleed the mines’ remaining assets and escape liabilities to workers, communities and the environment; liabilities that have accrued over decades. They tend to be litigious, and are not strangers to the world of serial bankruptcies and corporate manipulation. Their environmental records are seldom clean. These are not the operators and corporate neighbors one would normally invite into the neighborhood.”

As the 2020 election looms and conversation continues around the Green New Deal, the UMWA has invited presidential candidates to visit coal mines, where they will speak to  about their futures. What remains to be seen is how miners will cope with the death of their industry.

“The problem is bankruptcy laws are made for corporations,” UMWA’s Mike Dalpiaz  in March. “They’re made by rich guys in Congress for rich guys that own corporations.”

Molly Taft writes for , a syndicated newswire covering climate, energy, policy, art and culture. You can follow her .

This article was originally published by Think Progress on July 24, 2019. Reprinted with permission. 


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The Just Transition for Coal Workers Can Start Now. Colorado Is Showing How.

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Rachel Cohen

This past May, Colorado’s Democratic governor Jared Polis signed a series of new environmental bills into law, with the enthusiastic backing of the state’s labor movement. Legislation ranged from expanding community solar gardens to establishing a “Just Transition” office for coal-dependent communities.

Organized labor in Colorado hasn’t always been an ally in the fight against climate change, but beginning in 2018, a Democratic messaging bill that called for 100 percent renewable energy by 2035 forced local unions to start having some tough conversations.

“Republicans controlled the Senate, so the bill had no chance of passing, but it forced the conversation on our end as to what do we need to do to get behind these bills in the future, instead of just blocking them or delaying,” explained Dennis Dougherty, the executive director of the Colorado AFL-CIO, which represents approximately 165 unions representing more than 130,000 workers. “It was really the first time we asked ourselves, well what’s our game plan?”

In February 2018, Colorado activists launched a state-based affiliate of the Peoples Climate Movement, a coalition of community, faith, youth and environmental groups focused on promoting an equitable response to climate change. Dougherty, who worked for years as a federal mediator before joining the labor movement, soon became co-chair of the Colorado coalition. “This was the first time labor has really stepped out in leadership on climate,” he told In These Times.

What followed were a series of organized talks between unions and environmental groups. With resources from its parent organization, the Peoples Climate Movement Colorado even hired a skilled facilitator from the Institute for the Built Environment at Colorado State University to help guide its conversations. The work culminated in a Climate, Jobs and Justice Summit last September.

Democrats won a majority of seats in the state Senate after the 2018 midterms, giving them trifecta control over Colorado politics, and the ability to pass many climate-related bills this year. Those bills included two pieces of legislation advocates hope can serve as a model for climate, jobs and justice organizing in other states.

One is HB-1314, which establishes a Just Transition Office in the Colorado Department of Labor and Employment. The first-of-its-kind office, which will have both a dedicated staff and an advisory committee of diverse stakeholders, is charged with creating a equitable plan for coal-dependent communities and workers as the state transitions away from fossil fuels. The goal is to mitigate the economic hardship that will accompany this energy transition. A draft plan is due by July 2020, and by 2025, the state will start administering benefits to displaced coal workers, and provide workforce retraining grants to coal-transitioning communities like Pueblo, Larimer, Delta, Morgan and others.

As part of the legislation, labor unions successfully pushed for language around “wage differential benefits” for those workers who end up in jobs that may pay less than the jobs they currently have in the fossil fuel industry. The Just Transition office would provide “supplemental income” to cover “all or part of the difference” between a coal worker’s old job and their new one.

Dougherty said they pushed for an office precisely because they thought it would be stronger than an advisory board or a task force. “I’m not worried it will be something without teeth,” he said. “There’s also so much groundswell to keep up pressure.”

The second bill, SB-236, includes language to authorize the so-called securitization of coal plants, as a way to hasten their retirement and to bring additional funds to coal-dependent communities. The idea is to allow a utility company to swap its remaining coal plant debt for a ratepayer-backed bond. Twenty other states have bond securitization laws, and they have been used by governments to close a nuclear plant in Florida and a coal plant in Michigan. The twist in Colorado is to use some of the millions of dollars in savings from securitization to reinvest back in workers and vulnerable communities.

The bill sponsor, Democratic State Rep. Chris Hansen, first introduced the idea in 2017. While his bill passed the House, it died in the then-GOP-controlled Senate.

Labor and environmental groups supported the securitization bill this year, though Dougherty emphasized that the savings it could generate would not be enough on their own to fund the kind of just transition they’re looking to see. “We see it as just one funding mechanism for communities and workers,” he said. (A separate bill also passed this year by Colorado lawmakers enables the state’s public utilities commission to distribute some of the securitization savings to vulnerable communities.)

According to the Colorado Mining Association, Colorado is the 11th largest coal-producing state, with six active coal mines, employing a little over 1,200 mine workers. The National Mining Association estimates that nearly 18,000 people across Colorado are employed directly by the state’s mining industry.

For both the Just Transition office and the coal plant securitization bill, leaders say key to passage was a lot of education, research and tough, honest dialogue.

Rep. Hansen, who has a PhD in resource economics and worked in the energy sector before running for office in 2016, said getting his bill passed was a multi-year process of stakeholder engagement. “I also really had to educate my own colleagues about securitization,” he told In These Times.“Some folks in Colorado thought this was a giveaway to the utilities industry, but it’s really the opposite of a bailout because for the securitization to work the companies have to walk away from significant amounts of revenue.”

Rep. Hansen said he’s been trying to be honest with people that major economic transitions are coming, and the best thing leaders can do is proactively plan ahead. “There will be dislocation and disruption but the alternative is to let what we’ve typically had happen in this country which is just kind of a free-fall for transitioning communities with no real help from government,” he said. “I much rather try and prepare then be reactive after-the-fact.”

Within the Just Transition office, Dougherty said labor unions plan to push for the wage differential benefit to cover a transition of up to three years. For example, if someone was earning $100,000 in a coal-industry job, and retrains for another position that pays $60,000, labor wants to see the state cover that difference for several years.

Dougherty said at first unions thought a “just transition” could mean demanding jobs at the same level of pay and benefits that workers are currently earning in perpetuity, but after doing research into the issue and assessing the political realities, they modified their demands.

“We hired someone to research every â€just transition’ that’s been done across the world,” he explained, adding: “We said, okay, well what can we realistically do at the state level that we think is fair while also not coming out and demanding something that’s never going to happen?”

“I think what happened in Colorado is really, really important,” said Paul Getsos, the national director of the Peoples Climate Movement. “It’s a real example of union leaders who are really willing to educate other union leaders about the issues to see how they can move their institutions forward.”

Getsos added that Colorado’s experience reflects how successful legislative victories are not won overnight. “It takes a lot of relationship building,” he said. “A lot of trust.”

This article was originally published by In These Times on July 24, 2019. Reprinted with permission. 

About the Author: Rachel M. Cohen is a journalist based in Washington D.C. Follow her on Twitter @rmc031


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Fiscal collapse of coal towns all but certain, new research shows

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New research shows that communities in coal country are at an increased risk of fiscal collapse. The data is the latest blow to President Donald Trump’s ongoing but faltering efforts to rescue the industry and its workers.

Local governments dependent on coal are failing to account for the financial implications of the industry’s demise, according to new findings from Columbia University and the Brookings Institution. That trend is likely to worsen should the federal government take action to curb carbon emissions, which would be likely if a Democrat were to triumph in 2020.

Released Monday, the new report looks at 26 counties in 10 states, all in Appalachia or the Powder River Basin in Montana and Wyoming. Those areas are all classified as “coal-mining dependent,” meaning that the industry is a major employer there, with some 53,000 workers noted by the study.

Coal also serves as a major contributor to local governments in those places. Despite that dependency, however, the report finds that those areas, already hard-hit by coal’s decline, are not prepared for the implications of potential climate policies.

“If the United States undertakes actions to address the risks of climate change, the use of coal in the power sector will decline rapidly,” the report observes, while going on to note that coal-dependent governments “have yet to grapple with the implications of climate policies for their financial conditions.”

With the backdrop of the plummeting coal industry, the study broadly examines the fiscal risk posed to communities heavily reliant on that sector. Between 2007 and 2017, coal production fell by a third, a decline that is set to continue even under current policies with a pro-coal federal government. But even a “moderately stringent climate policy,” the researchers note, could lead the industry to plummet by around 75% into the 2020s.

That would likely be disastrous for unprepared communities. School districts and other systems in these areas rely on coal-dependent revenue and local economies are heavily intertwined with the industry. Historically, the study argues, “the rapid decline of a dominant industry” has led to the fiscal collapse of local governments, threatening their long-term well-being.

And despite the risk that coal’s decline poses to reliant communities, government filings fail to capture this. “[M]unicipalities are at best uneven and at worst misleading (by omission) in their characterizations of climate-related risks,” the report notes.

Those findings come at a grim time for the industry. Coal has been declining for years, a trend due largely to market factors. Renewables and cheaper fossil fuels, like natural gas, have dethroned coal in recent decades. But Trump has made rescuing the industry a key mission of his presidency, going so far as to float bailing out coal, along with the also-struggling nuclear power sector.

Trump’s efforts to save coal have been primarily concentrated in regulatory rollbacks and rule-weakening. In May, the Environmental Protection Agency (EPA) unveiled the Affordable Clean Energy (ACE) rule, replacing the Obama-era Clean Power Plan (CPP), which used the federal government to target the emissions produced by coal-fired power plants.

By contrast, the ACE rule largely turns that authority over to the states, in a move experts have argued would not save the coal industry but would likely drive up emissions.

New data similarly indicates that the administration’s efforts aren’t shifting coal’s trajectory, even short-term. S&P Global reported Monday that despite the ACE rule, several coal plant operators are still going ahead with scheduled retirements.

Those operators argue that even despite the rule change, the “dynamics” within the industry will not shift, such as the rising popularity of renewables and natural gas. Notably, more coal plants shuttered during Trump’s first two years in office than during the entire first term of the Obama administration.

Even as coal collapses, however, experts argue that more can be done to help impacted communities. Proposals like the Green New Deal, a blueprint for rapidly decarbonizing the economy, include calls for a “just transition” — a clause that would ensure protections for coal miners and other impacted fossil fuel workers. Many Democratic 2020 contenders have endorsed the Green New Deal along with calling for a just transition for frontline communities hit hard by efforts towards net-zero emissions.

But some unions have aligned against the Green New Deal, expressing concern over the impact of decarbonization on those workers, even as other unions — including Service Employees International Union (SEIU) — have backed the proposal.

As Monday’s study emphasizes, advance planning is needed as coal communities head towards collapse; this could include potentially a carbon pricing system that would see funds redistributed to those impacted.

“A new source of government revenue may be required to push a serious economic development program across the finish line,” the report says, underscoring that a “logical source of these funds would be a federal carbon price.”

Even that may be a hard sell in many communities. Trump has expressed no interest in a carbon tax and local efforts have struggled. Washington state failed last November to enshrine a carbon pricing effort after a record-breaking financial opposition effort from out-of-state oil companies. And last month, Oregon Republicans left the state in order to kill a similar effort.

Still, the coal industry is keeping close ties to the administration. Bob Murray, CEO of coal mining corporation Murray Energy, is hosting a private fundraising event for Trump’s re-election campaign later this month, according to Documented. The fundraiser will be held in West Virginia, one of the most coal-reliant communities.

This article was originally published at Think Progress on July 16, 2019. Reprinted with permission. 

About the Author: E.A. (Ev) Crunden covers climate policy and environmental issues at ThinkProgress. Originally from Texas, Ev has reported from many parts of the country and previously covered world issues for Muftah Magazine, with an emphasis on South Asia and Eastern Europe. Reach them at: ecrunden@thinkprogress.org.


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