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Coal Awaits One More Proposal
Posted Thursday, January 29, 2009 ; 06:00 AM | View Comments | Post Comment
Updated Thursday, January 29, 2009; 02:41 PM

The coal industry is sizing up a proposal that would require companies seeking mountaintop mining permits to agree to take on renewable energy projects of comparable scope.

Story by Dan Page
Email | Bio | Other Stories by Dan Page

The coal industry is sizing up a proposal that would require companies seeking mountaintop mining permits to agree to take on renewable energy projects of comparable scope.

Some industry insiders believe Gov. Joe Manchin is interested in making the policy part of his renewable energy strategy.

While details are sketchy, industry officials believe a bill could emerge during the upcoming legislative session that would direct state regulators to require coal operators to develop renewable energy projects -- switchgrass or wind farms, for example -- while they mine mountaintop sites.

For example, a company that wants a permit that covers 1,000 acres would have to develop a renewable project of comparable size at another site.

Some coal insiders aren't too comfortable with government mandating what they consider an "artificial investment" that may be outside coal companies' expertise. Others said they see some acceptable possibilities.

Matt Turner, communications director for the governor, said he could not comment on specifics before the State of the State Address on Feb. 11.

"The governor believes we can do a better job in the way we mine coal," he said.

* * *

West Virginia House Speaker Rick Thompson, D-Wayne, believes in starting early.

Two months after the November election, Thompson scheduled a fundraiser to support his candidacy in 2010.

Like all members of the House, Thompson must run every two years to retain his seat. The invitation did not specify what office Thompson would seek. The invitation recommends those attending the reception from 5:30 to 7:30 p.m. Jan. 29 at Appalachian Power Park's Power Alley Grill in Charleston make a minimum $300 contribution.

Thompson said he now is focused mostly on the 2010 House election, but he acknowledged that some supporters have spoken to him about running for other offices, including governor.

"I'm flattered by that, and I think I'd make a good governor," he said.

Thompson isn't likely to be tested in the 2010 election in the 17th House District, so he could use 2009 and 2010 campaign contributions in elections after 2010. That sounds like a war chest to me.

* * *

Speaking of political fundraising, a newly elected Putnam County circuit judge appears to be raising money to pay off his campaign debt.

An invitation to support Phillip M. Stowers listed 18 lawyers as scheduling a fundraising reception Jan. 27 at the Charleston House Holiday Inn. Most of the attorneys listed on the invitation are from the plaintiffs' bar, and few are based in Putnam County.

Stowers, a Hurricane Democrat, defeated Republican incumbent Republican Edward N. Eagloski II in November to win the eight-year term.

Stowers did not return a call to his office.

At least one lawyer suggested that such a fundraiser doesn't seem appropriate. It's bad enough that aspiring judges have to panhandle for campaign cash before the election. It's even worse that existing laws allow them to solicit donations from lawyers who know the candidate already has won an eight-year term.

Post-election support of judicial candidates is more unseemly than pre-election donations -- at least by a little.

As West Virginia legislators ponder civil justice reform, they may want to consider moving away from a system that depends so much on fundraising. Such a selection system, many believe, encourages judges to behave like super legislators.

The critics' thinking is straightforward: The system produces judges who make law rather than interpret it and, in the process, placate special interests that fund their campaigns.

Removing campaign cash from the judicial selection process could lead to a better legal system -- one that is built on the predictability that comes from interpreting the law as written rather than stretching it to fit some predetermined populist result that would make Robin Hood proud.

Other states and the federal government see wisdom in the executive branch making judicial appointments. One day, West Virginia may see that as an acceptable alternative. Until then, our judicial system will be suspect.

* * *

Now that she's in the office, Secretary of State Natalie Tennant is the chief elections officer of the state.

She has named David Nichols of Kanawha County as the manager of her office's election division. Nichols was listed earlier this week as the West Virginia coordinator for the Progressive Democrats of America on the political organization's Web site. Nichols apparently will leave his leadership post in the PDA.

Tennant spoke last weekend to a small PDA gathering in Flatwoods that received Page 1 coverage in the Jan. 25 Charleston Gazette Mail.

The PDA seems to be the Dennis Kucinich-wing of the Democratic party, i.e., far left. At least some of its members suggest that Democratic leadership has sold out to corporate America.

The PDA is a fledgling organization, especially in West Virginia. The party's platform includes ending the war and redirecting funding toward social needs at home, providing health care for all, winning back working people by focusing on "economic justice," supporting honest elections and stopping global warming,

If nothing else, Progressive Democrats are ambitious.

Dan Page is editor and publisher of The State Journal. His e-mail address is dpage@statejournal.com.

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