U.S. Government announces EPA Clean Power Plan

By U.S. Environmental Protection Agency


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Recently, President Obama announced the U.S. Environmental Protection AgencyÂ’s historic Clean Power Plan, a first-of-its-kind step to cut the harmful carbon pollution fueling climate change from our nationÂ’s power plants. Climate change threatens our health, our economy, and our way of life with impacts like more intense heat, cold, droughts, floods, fires, and storms. And power plants are our nationÂ’s largest driver of climate change, making up a third of our carbon pollution emissions.

Compared with last yearÂ’s proposal, the final Clean Power Plan cuts over 70 million more tons of carbon pollution, making it more ambitious. And based on more than two years of extensive outreach, plus the 4.3 million public comments we received, we made changes to improve the proposal, so that the final Clean Power Plan is more achievable and more affordable, too.

There are two key reasons our final rule works: 1 it follows a more traditional Clean Air Act approach to reduce air pollution, and 2 it gives states and utilities even more options and more time to reach their pollution reduction goals.

At the heart of the final Clean Power Plan are its uniform emission rates for fossil fuel power plants. These standards limit the average amount of carbon pollution released for every unit of energy generated – and the standards are now the same in every state for similar types of fossil fuel plants. Based on those standards, EPA’s plan sets state-specific carbon pollution reduction goals that reflect each state’s unique energy mix.

Carbon reductions can begin now, and each state needs to hit its interim target by 2022 and its final target by 2030—but no individual plant has to meet the standard alone or all at once. Instead, power plants can work within the electricity grid to meet the standards over time. That means, even though the standards are fair and consistent, they’re not cookie-cutter. States are in the driver’s seat to design approaches that work for them, and the final plan gives utilities more options to reach the interim and final goals.

When we hold power plants of the same type to the same standards, we also make sure their reductions are interchangeable – creating a system that’s ready for trading. The built-in ability to trade emissions gives states even more flexibility in how they achieve their carbon pollution reduction goals.

States don’t exist in isolation, and neither do power plants. Utilities have bought, sold and transmitted electricity across state lines for decades, and regional power grids are a major reason electricity is affordable and reliable. Pollution doesn’t stop at state lines either. With the Clean Power Plan, we’re cutting pollution in the same way we generate and distribute electricity—through an interconnected grid.

Because states requested it, weÂ’re also proposing a model rule they can adopt right away: one thatÂ’s cost-effective and guarantees they meet EPAÂ’s requirements, and will let their power plants use interstate trading. But they donÂ’t have to use our plan they can cut carbon pollution in whatever way makes the most sense for them.

Our final rule sets smart, uniform targets for power plants across the country, but thatÂ’s nothing new. ItÂ’s a proven approach that EPA has used to reduce air pollution under the Clean Air Act for decades. WeÂ’re following long-standing legal precedent to create smart, achievable standards and facilitate trading among plants so the cheapest reductions come first.

Cutting carbon pollution from power plants is about tackling the challenge of climate change. This is an opportunity to protect public health, cut pollution from our energy system, and energize our clean economy. Now is the time to build a future that weÂ’ll be proud to leave behind for our children and future generations.

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American Households Struggle with Sky-High Energy Bills During Extreme Summer Heat

US Summer Energy Bills Crisis is driven by record heatwaves, soaring electricity prices, AC cooling demand, energy poverty risks, and LIHEAP relief, straining low-income households, vulnerable seniors, and budgets amid volatile utilities and peak demand.

 

Key Points

Rising household energy costs from extreme heat, higher electricity prices, and AC demand, straining vulnerable families.

✅ Record heatwaves drive peak electricity and cooling loads

✅ Tiered rates and volatile markets inflate utility bills

✅ LIHEAP aid and cooling centers offer short-term relief

 

As the sweltering heat of summer continues to grip much of the United States, American households are grappling with a staggering rise in energy bills. The combination of record-breaking temperatures and rising electricity prices is placing an unprecedented financial strain on families, raising concerns about the long-term impact on household budgets and overall well-being.

Record Heat and Energy Consumption

This summer has witnessed some of the hottest temperatures on record across the country. With many regions experiencing prolonged heatwaves, the demand for air conditioning and cooling systems has surged amid unprecedented electricity demand across parts of the U.S. The increased use of these energy-intensive appliances has led to a sharp rise in electricity consumption, which, combined with elevated energy prices, has pushed household energy bills to new heights.

The situation is particularly dire for households that are already struggling financially. Many families are facing energy bills that are not only higher than usual but are reaching levels that are unsustainable, underscoring electricity struggles for thousands of families across the country. This has prompted concerns about the potential for energy poverty, where individuals are forced to make difficult choices between paying for essential services and covering other necessary expenses.

Impact on Low-Income and Vulnerable Households

Low-income households and vulnerable populations are disproportionately affected by these soaring energy costs. For many, the financial burden of high energy bills is compounded by energy insecurity during the pandemic and other economic pressures, such as rising food prices and stagnant wages. The strain of paying for electricity during extreme heat can lead to tough decisions, including cutting back on other essential needs like healthcare or education.

Moreover, the heat itself poses a serious health risk, particularly for the elderly, children, and individuals with pre-existing health conditions. High temperatures can exacerbate conditions such as cardiovascular and respiratory illnesses, making the need for reliable cooling even more critical. For those struggling to afford adequate cooling, the risk of heat-related illnesses and fatalities increases significantly.

Utilities and Energy Pricing

The sharp rise in energy bills can be attributed to several factors, including higher costs of electricity production and distribution. The ongoing transition to cleaner energy sources, while necessary for long-term environmental sustainability, has introduced short-term volatility in energy markets. Additionally, power-company supply chain crises and increased demand during peak summer months have contributed to higher prices.

Utilities are often criticized for their pricing structures, which can be complex and opaque. Some regions, including areas where California electricity bills soar under scrutiny, use tiered pricing models that charge higher rates as energy consumption increases. This can disproportionately impact households that need to use more energy during extreme heat, further exacerbating financial strain.

Government and Community Response

In response to the crisis, various government and community initiatives are being rolled out to provide relief. Federal and state programs aimed at assisting low-income households with energy costs are being expanded. These programs, such as the Low-Income Home Energy Assistance Program (LIHEAP), offer financial assistance to help with utility bills, but demand often outstrips available resources.

Local community organizations are also stepping in to offer support. Initiatives include distributing fans and portable air conditioners, providing temporary cooling centers, and offering financial assistance to help cover energy costs. These efforts are crucial in helping to mitigate the immediate impact of high energy bills on vulnerable households.

Long-Term Solutions and Sustainability

The current crisis highlights the need for long-term solutions to address both the causes and consequences of high energy costs. Investing in energy efficiency and renewable energy technologies can help reduce the overall demand for electricity and lower long-term costs. Improvements in building insulation, the adoption of energy-efficient appliances, and advancements in smart grid technologies to prevent summer power outages are all essential components of a sustainable energy future.

Furthermore, addressing income inequality and supporting economic stability are critical to ensuring that all households can manage their energy needs without facing financial hardship. Policymakers will need to consider a range of strategies, including financial support programs, regulatory reforms, and infrastructure investments, to create a more equitable and resilient energy system.

Conclusion

As American households endure the double burden of extreme summer heat and skyrocketing energy bills, the need for immediate relief and long-term solutions has never been clearer. The current crisis serves as a reminder of the broader challenges facing the nation’s energy system and the importance of addressing both short-term needs and long-term sustainability. By investing in efficient technologies, supporting vulnerable populations, and developing resilient infrastructure, the U.S. can work towards a future where energy costs are manageable, and everyone has access to the resources they need to stay safe and comfortable.

 

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Canadians Support Tariffs on Energy and Minerals in U.S. Trade Dispute

Canada Tariffs on U.S. Energy and Minerals signal retaliatory tariffs amid trade tensions, targeting energy exports and critical minerals, reflecting sovereignty concerns and shifting consumer behavior, reduced U.S. purchases, and demand for Canadian-made goods.

 

Key Points

They are proposed retaliatory tariffs on energy exports and critical minerals to counter U.S. trade pressures.

✅ 75% support tariffs; 70% back dollar-for-dollar retaliation

✅ Consumer shift: fewer U.S. purchases, more Canadian-made goods

✅ Concerns over sovereignty and U.S. trade tactics intensify

 

A recent survey has revealed that a significant majority of Canadians—approximately 75%—support the implementation of tariffs on energy exports and critical minerals in response to electricity exports at risk amid trade tensions with the United States. This finding underscores the nation's readiness to adopt assertive measures to protect its economic interests amid escalating trade disputes.​

Background on Trade Tensions

The trade relationship between Canada and the United States has experienced fluctuations in recent years, with both nations navigating complex issues related to tariffs and energy tariffs and trade tensions as well as trade agreements and economic policies. The introduction of tariffs has been a contentious strategy, often leading to reciprocal measures and impacting various sectors of the economy.​

Public Sentiment Towards Retaliatory Tariffs

The survey, conducted by Leger between February 14 and 17, 2025, sampled 1,500 Canadians and found that 70% favored implementing dollar-for-dollar retaliatory tariffs against the U.S. Notably, 45% of respondents were strongly in favor, while 25% were somewhat in favor. This strong support reflects widespread dissatisfaction with U.S. trade policies and growing support for Canadian energy projects among voters, alongside a collective sentiment favoring decisive action. ​

Concerns Over U.S. Economic Strategies

The survey also highlighted that 81% of Canadians are apprehensive about potential U.S. economic tactics aimed at drawing Canada into a closer political union. These concerns are fueled by statements from U.S. President Donald Trump, who has suggested annexation and employed tariffs that could spike NY energy prices to influence Canadian sovereignty. Such sentiments have heightened fears about the erosion of Canada's political autonomy under economic duress. ​

Impact on Consumer Behavior

In response to these trade tensions, including reports that Ford threatened to cut U.S. electricity exports, many Canadians have adjusted their purchasing habits. The survey indicated that 63% of respondents are buying fewer American products in stores, and 62% are reducing online purchases from U.S. retailers. Specific declines include a 52% reduction in Amazon purchases, a 50% drop in fast-food consumption from American chains, and a 43% decrease in spending at U.S.-based retail stores. Additionally, 30% of Canadians have canceled planned trips to the United States, while 68% have increased their purchases of Canadian-made products. These shifts demonstrate a tangible impact on consumer behavior driven by nationalistic sentiments and support for retaliatory measures. ​

Economic and Political Implications

The widespread support for retaliatory tariffs and the corresponding changes in consumer behavior have significant economic and political implications. Economically, while tariffs can serve as a tool for asserting national interests, they also risk triggering trade wars that can harm various sectors, including agriculture, manufacturing, and technology, with experts cautioning against cutting Quebec's energy exports in response. Politically, the situation presents a challenge for Canadian leadership to balance assertiveness in defending national interests with the necessity of maintaining a stable and mutually beneficial relationship with the U.S., Canada's largest trading partner.​

As Canada approaches its federal elections, trade policy is emerging as a pivotal issue. Voters are keenly interested in how political parties propose to navigate the complexities of international trade, particularly with the United States and how a potential U.S. administration's stance, such as Biden's approach to the energy sector could shape outcomes. The electorate's strong stance on retaliatory tariffs may influence party platforms and campaign strategies, emphasizing the need for clear and effective policies that address both the immediate concerns of trade disputes and the long-term goal of sustaining positive international relations.​

The survey results reflect a nation deeply engaged with its trade dynamics and protective of its sovereignty. While support for retaliatory tariffs is robust, it is essential for policymakers to carefully consider the broader consequences of such actions. Striking a balance between defending national interests and fostering constructive international relationships will be crucial as Canada navigates these complex trade challenges in the coming years.

 

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Canada Finalizes Clean Electricity Regulations for 2050

Canada Clean Electricity Regulations align climate policy with grid reliability, scaling renewables, energy storage, and low-carbon power to reach net-zero by 2050 while maintaining affordability through federal incentives, provincial flexibility, and investment.

 

Key Points

Nationwide rules to decarbonize power by 2050, capping emissions and protecting grid reliability and affordability.

✅ Net-zero electricity by 2050 with strict emissions limits

✅ Provincial flexibility and federal investments to cut costs

✅ Scales renewables, storage, and clean firm power for reliability

 

Canada's final Clean Electricity Regulations, unveiled in December 2024, alongside complementary provincial frameworks such as Ontario's clean electricity regulations that guide provincial implementation, represent a critical step toward ensuring a sustainable and reliable energy future. With electricity demand set to rise as the country’s population and economy grow, the Canadian government has put forward a robust plan that balances climate goals with the need for reliable, affordable power.

The regulations are designed to reduce greenhouse gas emissions from the electricity sector, which is already one of Canada's cleanest, with 85% of its electricity sourced from renewable energies like hydro, wind, and solar, and growing attention to clean grids and batteries nationwide. The target is to achieve net-zero emissions in electricity generation by 2050, a goal that will support the country’s broader climate ambitions.

One of the central goals of the Clean Electricity Regulations is to make sure that Canada’s power grid can accommodate future demand in light of a critical electrical supply crunch identified by analysts, while ensuring that emissions are cut effectively. The regulations set strict pollution limits but allow flexibility for provinces and territories to meet these goals in ways that suit their local circumstances. This approach recognizes the diverse energy resources across Canada, from the large-scale hydroelectric capacity in Quebec to the growing wind and solar projects in the West.

A key benefit of these regulations is the assurance that they will not result in higher electricity rates for most Canadians. In fact, according to government analyses, and resources like the online CER bill tool that explain how fees and usage affect charges, the regulations are expected to have a neutral or even slightly positive impact on electricity costs. This is due in part to significant federal investments in the electricity sector, totaling over $60 billion. These investments are intended to support the transition to clean electricity while minimizing costs for consumers.

The shift to clean electricity is also expected to generate significant savings for Canadian households. As energy prices continue to fluctuate, clean electricity, especially from renewable sources, is becoming more cost-competitive compared to fossil fuels. Over the next decade, this transition is expected to result in $15 billion in total savings for Canadians, with 84% of households projected to benefit from lower energy bills. The savings are a result of federal incentives aimed at encouraging the adoption of efficient electric appliances, vehicles, and heating systems.

Moreover, reducing emissions from the electricity sector will play a major role in cutting Canada’s overall greenhouse gas pollution. By 2050, it’s estimated that these regulations will reduce nearly 181 megatonnes of emissions, which is equivalent to removing over 55 million cars from the road. This is a crucial step in meeting Canada’s climate targets and mitigating the impacts of climate change, such as extreme weather events, which have already led to significant economic losses.

The economic benefits extend beyond savings on energy bills. The regulations and the broader clean electricity strategy will create substantial job opportunities. The clean energy sector, which includes jobs in wind, solar, and nuclear power, is poised for massive growth, and provinces like Alberta have outlined a path to clean electricity to support that momentum. It’s estimated that by 2030, the transition to clean electricity could create 400,000 new jobs, with further job growth projected for the years to come. These jobs are expected to include roles in both the construction and operation of new energy infrastructure, many of which will be unionized positions offering good wages and benefits.

To help meet the rising demand for clean energy, the government’s strategy emphasizes technological innovation and the integration of new energy sources, including market design updates such as proposed market changes that can enable investment. Renewable energy technologies such as wind and solar power have become increasingly cost-competitive, and their continued development is expected to reduce the overall cost of electricity generation. The regulations also encourage the adoption of energy storage solutions, which are essential for managing the intermittent nature of renewable energy sources.

In addition to the environmental and economic benefits, the Clean Electricity Regulations will help improve public health. Air pollution from fossil fuel power generation is a major contributor to respiratory illnesses and other health issues. By transitioning to clean energy sources, Canada can reduce harmful air pollutants, leading to better health outcomes and a lower burden on the healthcare system.

As Canada moves toward a net-zero electricity grid, including the federal 2035 target that some have criticized as changing goalposts in Saskatchewan, the Clean Electricity Regulations represent a comprehensive and flexible approach to managing the energy transition. With significant investments in clean energy technologies and the adoption of policies that ensure affordable electricity for all Canadians, the government is setting the stage for a cleaner, more sustainable future. These efforts will not only help Canada meet its climate goals but also create a thriving clean energy economy that benefits workers, businesses, and families across the country.

 

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Climate Solution: Use Carbon Dioxide to Generate Electricity

Methane Hydrate CO2 Sequestration uses carbon capture and nitrogen injection to swap gases in seafloor hydrates along the Gulf of Mexico, releasing methane for electricity while storing CO2, according to new simulation research.

 

Key Points

A method injecting CO2 and nitrogen into hydrates to store CO2 while releasing methane for power.

✅ Nitrogen aids CO2-methane swap in hydrate cages, speeding sequestration

✅ Gulf Coast proximity to emitters lowers transport and power costs

✅ Revenue from methane electricity could offset carbon capture

 

The world is quickly realizing it may need to actively pull carbon dioxide out of the atmosphere to stave off the ill effects of climate change. Scientists and engineers have proposed various carbon capture techniques, but most would be extremely expensive—without generating any revenue. No one wants to foot the bill.

One method explored in the past decade might now be a step closer to becoming practical, as a result of a new computer simulation study. The process would involve pumping airborne CO2 down into methane hydrates—large deposits of icy water and methane right under the seafloor, beneath water 500 to 1,000 feet deep—where the gas would be permanently stored, or sequestered. The incoming CO2 would push out the methane, which would be piped to the surface and burned to generate electricity, whether sold locally or via exporters like Hydro-Que9bec to help defray costs, to power the sequestration operation or to bring in revenue to pay for it.

Many methane hydrate deposits exist along the Gulf of Mexico shore and other coastlines. Large power plants and industrial facilities that emit CO2 also line the Gulf Coast, where EPA power plant rules could shape deployment, so one option would be to capture the gas directly from nearby smokestacks, keeping it out of the atmosphere to begin with. And the plants and industries themselves could provide a ready market for the electricity generated.

A methane hydrate is a deposit of frozen, latticelike water molecules. The loose network has many empty, molecular-size pores, or “cages,” that can trap methane molecules rising through cracks in the rock below. The computer simulation shows that pushing out the methane with CO2 is greatly enhanced if a high concentration of nitrogen is also injected, and that the gas swap is a two-step process. (Nitrogen is readily available anywhere, because it makes up 78 percent of the earth’s atmosphere.) In one step the nitrogen enters the cages; this destabilizes the trapped methane, which escapes the cages. In a separate step, the nitrogen helps CO2 crystallize in the emptied cages. The disturbed system “tries to reach a new equilibrium; the balance goes to more CO2 and less methane,” says Kris Darnell, who led the study, published June 27 in the journal Water Resources Research. Darnell recently joined the petroleum engineering software company Novi Labs as a data scientist, after receiving his Ph.D. in geoscience from the University of Texas, where the study was done.

A group of labs, universities and companies had tested the technique in a limited feasibility trial in 2012 on Alaska’s North Slope, where methane hydrates form in sandstone under deep permafrost. They sent CO2 and nitrogen down a pipe into the hydrate. Some CO2 ended up being stored, and some methane was released up the same pipe. That is as far as the experiment was intended to go. “It’s good that Kris [Darnell] could make headway” from that experience, says Ray Boswell at the U.S. Department of Energy’s National Energy Technology Laboratory, who was one of the Alaska experiment leaders but was not involved in the new study. The new simulation also showed that the swap of CO2 for methane is likely to be much more extensive—and to happen quicker—if CO2 enters at one end of a hydrate deposit and methane is collected at a distant end.

The technique is somewhat similar in concept to one investigated in the early 2010s by Steven Bryant and others at the University of Texas. In addition to numerous methane hydrate deposits, the Gulf Coast has large pools of hot, salty brine in sedimentary rock under the coastline. In this system, pumps would send CO2 down into one end of a deposit, which would force brine into a pipe that is placed at the other end and leads back to the surface. There the hot brine would flow through a heat exchanger, where heat could be extracted and used for industrial processes or to generate electricity, supporting projects such as electrified LNG in some markets. The upwelling brine also contains some methane that could be siphoned off and burned. The CO2 dissolves into the underground brine, becomes dense and sinks further belowground, where it theoretically remains.

Either system faces big practical challenges, and building shared CO2 storage hubs to aggregate captured gas is still evolving. One is creating a concentrated flow of CO2; the gas makes up only .04 percent of air, and roughly 10 percent of the smokestack emission from a typical power plant or industrial facility. If an efficient methane hydrate or brine system requires an input that is 90 percent CO2, for example, concentrating the gas will require an enormous amount of energy—making the process very expensive. “But if you only need a 50 percent concentration, that could be more attractive,” says Bryant, who is now a professor of chemical and petroleum engineering at the University of Calgary. “You have to reduce the [CO2] capture cost.”

Another major challenge for the methane hydrate approach is how to collect the freed methane, which could simply seep out of the deposit through numerous cracks and in all directions. “What kind of well [and pipe] structure would you use to grab it?” Bryant asks.

Given these realities, there is little economic incentive today to use methane hydrates for sequestering CO2. But as concentrations rise in the atmosphere and the planet warms further, and as calls for an electric planet intensify, systems that could capture the gas and also provide energy or revenue to run the process might become more viable than techniques that simply pull CO2 from the air and lock it away, offering nothing in return.

 

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Sask. sets new record for power demand

SaskPower Summer Power Demand Record hits 3,520 MW as heat waves drive electricity consumption; grid capacity, renewables expansion, and energy efficiency tips highlight efforts to curb greenhouse gas emissions while meeting Saskatchewan's growing load.

 

Key Points

The latest summer peak load in Saskatchewan: 3,520 MW, driven by heat, with plans to expand capacity and lower emissions.

✅ New peak surpasses last August by 50 MW to 3,520 MW.

✅ Capacity target: 7,000 MW by 2030 with more renewables.

✅ Tips: AC settings, close blinds, delay heat-producing chores.

 

As the mercury continues to climb in Saskatchewan, where Alberta's summer electricity record offers a regional comparison, SaskPower says the province has set a new summer power demand record.

The Crown says the new record is 3,520 megawatts. It’s an increase of 50 megawatts over the previous record, or enough electricity for 50,000 homes.

“We’ve seen both summer and winter records set every year for a good while now. And if last summer is any indication, we could very well see another record before temperatures cool off heading into the fall,” said SaskPower Vice President of Transmission and Industrial Services Kory Hayko in a written release. “It’s not impossible we’ll break this record again in the coming days. It’s SaskPower’s responsibility to ensure that Saskatchewan people and businesses have the power they need to thrive. That’s what drives our investment of $1 billion every year, as outlined in our annual report, to modernize and grow the province’s electrical system.”

The previous summer consumption record of 3,740 megawatts was set last August, and similar extremes in the Yukon electricity demand highlight broader demand pressures this year. The winter demand record remains higher at 3,792 megawatts, set on Dec. 29, 2017.

SaskPower says it plans to expand its generation capacity from 4,500 megawatts now to 7,000 megawatts in 2030, with a focus on decreasing greenhouse gas emissions and doubling renewable electricity by 2030 as part of its strategy.

To reduce power bills, the Crown suggests turning down or programming air conditioning when residents aren’t home, inspecting the air conditioner to make sure it is operating efficiently, keeping blinds closed to keep out direct sunlight, delaying chores that produce heat and making sure electronics are turned off when people leave the room.

The new record beats the previous summer peak of 3,470 MW, set last August after also being broken twice in July. The winter demand record is still higher at 3,792 MW, which was set on December 29, 2017. To meet growing power demand, and amid projections that Manitoba's electrical demand could double in the next 20 years, SaskPower is expanding its generation capacity from approximately 4,500 MW now to 7,000 MW by 2030 while also reducing greenhouse gas emissions by 40 per cent from 2005 levels. To accomplish this, we will be significantly increasing the amount of renewables on our system.

Cooling and heating represents approximately a quarter of residential power bills. To reduce consumption and power bills during heat waves, SaskPower’s customers can:

Turn down or program the air conditioning when no one is home (for every degree that air conditioning is lowered for an eight-hour period, customers can save up to two per cent on their power costs);

Consider having their air conditioning unit inspected to make sure it is operating efficiently;

Keep the heat out by closing blinds and drapes, especially those with direct sunlight;

Delay chores that produce heat and moisture, like dishwashing and laundering, until the cooler parts of the day or evening; and

As with any time of the year, make sure lights, televisions and other electronics are turned off when no one's in the room. For example, a modern gaming console can use as much power as a refrigerator.

 

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New bill would close loophole that left hundreds of Kentucky miners with cold checks

Kentucky Coal Wage Protection Bill strengthens performance bond enforcement, links Energy and Environment Cabinet and Labor Cabinet notifications, addresses Blackjewel bankruptcy fallout, safeguards unpaid miners, ties mining permits to payroll bonds, penalizes violators via revocations.

 

Key Points

A Kentucky plan to enforce wage bonds and revoke mining permits to protect miners after bankruptcies.

✅ Requires wage bonds for firms under 5 years

✅ Links Energy and Environment Cabinet and Labor Cabinet

✅ Violators face permit revocation in 90 days

 

Following the high-profile bankruptcy of a coal company that left hundreds of Kentucky miners with bad checks last month, Sen. Johnny Ray Turner (D-Prestonsburg) said he will pre-file a bill Thursday aimed at closing a loophole that allowed the company to operate in violation of state law.

The bill would also compel state agencies to determine whether other companies are currently in violation of the law, and could revoke mining permits if the companies don't comply.

Turner's bill would amend an already-existing law that requires coal and construction companies that have been operating in Kentucky for less than five years to post a performance bond to protect wages if the companies cease their operations.

Blackjewel LLC., which employed hundreds of miners in Eastern Kentucky, failed to post that bond. When it shut its mines down and filed for bankruptcy last month, it left hundreds of miners without payment for 3 weeks and one day of work.

The bond issue has sparked criticism from various state officials, including Attorney General Andy Beshear, who said Tuesday that he would investigate whether other companies are currently in violation, similar to an external investigation of utility workers in another jurisdiction.

Blackjewel issued cold checks to its employees June 28, and when the checks bounced days later, many employees were left with bank accounts overdrawn by more than $1,000. The bankruptcy left many miners and their families with concerns over upcoming bill and mortgage payments, and, as unpaid days off at utilities elsewhere show, the strain on workers can be severe, and fostered a ongoing protest that blocked a train hauling coal from one of the company's Harlan County mines.

Blackjewel had been operating in Kentucky for about two years before it filed for bankruptcy, so it should have paid the performance bond, according to state law.

David A. Dickerson, the Kentucky Labor Cabinet Secretary, said the law as it's currently written does not set up any mechanism that notifies the cabinet, or provides comparable public reporting at large utility projects elsewhere, when a company opens in Kentucky that is supposed to pay the bond.

That allowed Blackjewel to operate for two years without any protection for workers before it closed its mines. Had the company posted the bond according to state law, miners likely would have been paid for the work they had already completed, officials said.

The law requires companies to set aside enough money to cover payroll for four weeks.

Turner's bill would compel the state Energy and Environment Cabinet to notify the Labor Cabinet's Department of Workplace Standards of any application for a mining permit from a company that has been doing business in Kentucky for less than five years.

It also compels the EEC to notify the Labor Cabinet of any companies that already have permits that are subject to the bond.

"It should have already been that way, but I'm happy so our children don't have to go through this," said Jeff Willig, a former Blackjewel miner who helped launch the protest at the railroad.

Willig said he and other miners will continue to block the tracks until they receive payment for their past work.

Any company currently operating in violation of the law would have 90 days to become compliant before its mining permits are revoked. New companies that are applying for permits will be required post the bond before permits are issued.

"Hopefully it will take care of the loopholes that had been exploited by Blackjewel," Turner said.

The bill will be taken up by the legislature when it returns to session in January. It would also cover attorneys' fees if workers are forced to sue their employer to cover wages, underscoring broader worker safety concerns during health emergencies.

Turner said he has reached out to Republican leadership in the Senate, and expects the bill to have bipartisan support come January.

Turner announced the legislation at a press conference in Harlan, the county with the highest population of Blackjewel employees affected by the bankruptcy, and as prolonged utility outages after tornadoes have strained other Kentucky communities.

State rep. Angie Hatton (D-Whitesburg) was also in attendance, along with rep. Chris Fugate (R-Chavies) and state Sen. Morgan McGarvey (D-Louisville).

Hatton said the bankruptcy has had serious economic impact throughout Eastern Kentucky, including in Letcher County, which is home to more than 130 former Blackjewel workers.

"This is something that has done a lot of damage to Eastern Kentucky," Hatton said.

Hatton plans to file the same bill in the state House of Representatives.

Fugate commended community members in Harlan County and elsewhere who have banded together in support of the miners by donating children's clothing, school supplies, food and other goods, while other regions have created a coal transition fund to help displaced workers.

Mosley called the bankruptcy "totally unprecedented" and said the current performance bond law, which has been on-the-books since 1986, lacked the enforcement necessary to protect miners in bankruptcies like Blackjewel's, even as a workplace safety fine in another case shows regulatory consequences in other industries.

"There was a law, there wasn't good enough process," Mosley said.

Blackjewel received court approval to sell many of its mines last month, including many in Kentucky, to Kopper Glo Mining, LLC.

As part of the sale agreement, Kopper Glo said it would pay $450,000 to cover the past wages of Blackjewel miners, and collect a per ton fee accumulating up to $550,000 that it will also contribute to pay back wages.

That total $1 million is less than half of all back wages owed to Blackjewel miners, but attorneys who filed a class action suit against the company said miners have a priority lien on the purchase price. That could allow former Blackjewel employees to make good on their back wages as bankruptcy proceedings continue.

Mosley said he spoke with a Kopper Glo official Thursday, who said the company is working to re-open the mines as quickly as possible. The official did not give an exact timeline.

 

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