Category Archives: Energy

Closely Watched Trains?

wva oil trainBy Peter Galuszka

The small town of Pembroke in southwest Virginia is used to seeing endlessly long unit trains of coal cars rumbling past. But last week, it got an unexpected surprise – trains of similar length hauling crude oil from North Dakota’s Bakken fields started going by.

According to Reuters, Pembroke is one of many Virginia towns that are being affected by CSX’s derailment and explosion of oil tank cars filled with Bakken oil a few miles east of Montgomery, W.Va.  on Feb. 16. The massive blast sent fireballs hundreds of feet in the air and forced the evacuation of nearby residents including a college. It also stopped all rail traffic on a major, east-west CSX line for days.

A similar derailment involving a CSX oil train happened last April in Lynchburg on the same rail mainline. Several tank cars caught fire down causing a fire and a spill into the James River.

So, after the West Virginia incident, CSX got in touch with rival Norfolk Southern to see if it could reroute oil trains on some of its lines.

This brings up another issue – who should be informed when new railroad trains hauling potentially explosive or otherwise hazardous cargoes suddenly show up in your backyard? Do they have to tell you so you can get the flashlight, thermos and sleeping bag ready for your immediate evacuation if necessary?

CSX says it has informed appropriate public safety officials of such route changes, but is loath to let the general public in where it is sending unusual trains. Security and proprietary information, you understand.

CSX needs to keep its tank cars rolling to big oil terminal in Yorktown near the Chesapeake Bay. That site had been an Amoco refinery for years but the refinery shut down and was switched to an oil water terminal now owned by Houston-based Plains All-American.

The facility receives Bakken shale oil cars and loads the crude on barges that are then pushed or towed to East Coast refineries, notably in the Philadelphia area. Presumably, if petroleum exports from the U.S. start again, the Yorktown site would be excellent embarkation point.

So, instead of having tank cars with Bakken crude trundling from Charleston, W.Va. through the New River Gorge and on to Lynchburg, they will go on more southerly NS lines through places like Pembroke and Roanoke. Then they will be switched at Petersburg to CSX lines and go north to Richmond and east to Yorktown.

It looks like Richmond could potentially get it either way. On the usual route, oil trains pass by downtown on an elevated bridge which would be quite a mess if a derailment happened there. According to the Forest Ethics Website, all of downtown Richmond to about one half of a mile on either side would have to be evacuated if a major derailment with fires and explosions came.

With the temporary rerouting, Richmond would still be in serious jeopardy in case of a derailment. If I’m reading the map correctly, trains would still pass through the city.

So, you have to ask yourself – why does CSX get away with keeping all this secret? They claim they let “appropriate” public safety officials know, but the Richmond Times Dispatch last year quoted a Richmond fire officer in charge of hazardous situations as saying he had a hard time learning from CSX what a “worse case” scenario would be in the event of a Richmond derailment.

Part of the problem is PR. Bakken shale oil comes from controversial hydraulic fracturing. The uptick in production has turned America’s energy picture on its head. It has also made for big jumps in oil rail traffic. Another problem is that Bakken oil tends to be more explosive than other types.

According to the Association of American Railroads, oil shipments by rail jumped by 9,500 carloads in 2008 to 500,000 shipments last year. Accidents are way up. In 2013, tank cars carrying Bakken crude somehow got loose in Lac-Megantic, Quebec. They rolled through the small town, derailed and exploded. The blast killed 47 and wiped out half of downtown.

According to a recent probe by the Associated Press, a federal study predicts that oil shipments will rise to 900,000 shipments this year. The study predicts that trains hauling petroleum will derail 10 times a year over the next two decades. They could possibly cause $4 billion in damages and kill hundreds of people, the AP reports.

What to do? Build pipelines, I guess, but that’s been highly controversial as well as the experience with Dominion Transportation’s efforts with a $5 billion gas pipeline through the state and the controversy over the Keystone XL show.

Better, newer, safer tank cars? Maybe, but the West Virginia and Lynchburg derailments both involved new “1232” models. The same type also caught fire recently in Timmins, Ontario.

Federal rules require railroads to tell local officials where they are carrying Bakken crude, which is more explosive than other types. Railroads like CSX claim the information is proprietary, according to Reuters. That’s rather pointless. If the goal is to keep “proprietary” information from competitors, Norfolk Southern, CSX’s biggest competitor, already knows about it because it has agreed to let CSX use its rail lines.

And don’t ask some public officials. West Virginia officials have gone along with keeping much of the information secret. Mountain State officials responded to an Freedom of Information Act request by redacting much of the data they finally gave out.

Not only do the railroads need to clean up their act, they should be forced to be more forthcoming about where the next evacuation might be.

Resilience and Competitive Economic Advantage

Flooded Honda factory in Bangkok, 2011 -- what you might call a serious business continuity issue.

Flooded Honda factory in Bangkok, 2011 — what you might call a serious business continuity issue.

by James A. Bacon

If you were a manufacturing company contemplating an expansion to Hampton Roads, you would take into account traditional criteria such as proximity to customers and suppliers, access to a skilled workforce, transportation connections, prevailing wage levels, taxes and so on. But as corporations become increasingly sensitive to the issue of business continuity in the face of disruption or disaster, you also might consider the region’s vulnerability to flooding.

Outside of New Orleans, Hampton Roads is the lowest-lying metropolitan area in the country. It is notoriously prone to flooding now, and the region’s vulnerability will only get worse as the sea level rises. You may or may not believe the McAuliffe administration’s predictions that the sea level will be 1 1/2 feet higher by 2050, but the risk that the forecast might prove accurate would have to factor into your calculations. Logical questions would arise: Would flooding disrupt rail and highway access to your facility? Would it hamper the ability of employees to get to work?

Perhaps the most important question is this: Do state and local governments have a plan to cope with recurrent flooding that will likely only get worse in time? How resilient is the region — not just one particular jurisdiction but, given the connectedness of transportation arteries and commuter flows — the entire region?

The resiliency movement is gaining momentum around the country, driven mainly by worries about climate change. Whatever your views on that polarizing issue, however, there are sound reasons to engage in planning on how to make your community less vulnerable to natural or man-made catastrophes (see “The Non Global Warmist’s Case for Resiliency Planning.”) The fragility of Hampton Roads is obvious for all to see. But every community has vulnerabilities of some kind. The integrity of the electric grid and water supply, for instance, are things everyone should worry about.

Every community should know its risk profile. In Hampton Roads the big concern is flooding. Western towns and cities worry about forest fires. Plains localities lose sleep over tornadoes, while others fear blizzards or terrorist attacks.

The insurance industry pays close attention to some of those risks, which are reflected in insurance rates (unless government policy distorts the price signals by subsidizing rates, as it does with flood insurance.) But, as Cooper Martin, program director for the Sustainable Cities Institute, observed at the Resilient Virginia launch yesterday, insurance covers less than half of total losses. States and localities don’t have insurance for washed out roads and bridges, for instance. There’s no insurance policy that covers the aftermath of a forest fire when rain washes ash into the water supply. “Who pays for uninsured losses?” he asks.

Perhaps the most unappreciated risk of catastrophe is to is a region’s brand, Martin said. Increasingly, a willingness of communities to identify systemic risks, develop plans to deal with them and maintain the financial commitment to carry out the plans will be a big differentiating factor. Corporations that place a premium on business continuity will pay close attention.

Propping Up Coal at the Taxpayers’ Expense

W._Va._coal_mine_1908By Peter Galuszka

It’s always curious when big business and their bankrolled politicians complain about how the government and its regulations stymie the “magic of the free market.”

Then they turn around and keep protectionist policies that give certain industries big favors such as tax credits.

That’s what the General Assembly has done with a bill that would have reduced tax credits doled out to utilities that burn coal mined in Virginia. The original proposal backed by Gov. Terry McAuliffe was intended to help fill a $2.4 billion gap in the state’s biennial budget.

The idea quickly ran afoul of Dominion Virginia Power and the Virginia Coal & Energy Alliance. The original idea was to scale back tax credits but cap coal tax deductions at $500,000 in any given year. But after the utility and the coal industry lobbyists got involved, a bill to retain the tax credits was quickly approved setting caps at a more generous $7.5 million in a given year.

The credits stem from a law passed in 1999. Its purpose is to make it easier for big utilities like Dominion to choose thermal coal mined in Virginia over product mined elsewhere.

Coal production peaked in the state at 46 million tons. It’s now about 22 million tons or less. Coal employment has likewise dropped sharply over the years.

Much of the coal mined in Southwest Virginia is of high quality and some can be used either to generate electricity or make steel. The problem is its cost. Many of the seams in the state have played out and coal is increasingly thinner and is in  harder to reach areas. The cost of mining it has gone up.

For years coal maintained a price advantage over alternatives such as natural gas but thanks to hydraulic fracturing, that is no longer the case. Utilities like Dominion have been converted facilities to gas or are building new plants that use gas. Its last coal-related plant is a hybrid near St. Paul.

What’s causing this shift away from coal? High production costs and cheaper alternatives. Out West, in the Powder River Basin of Wyoming and Montana, coal is cheap and easy to mine. It does well. In other words, the free market is affecting  the declining Virginia coal industry  yet the General Assembly wants to prop it up at the expense of taxpayers and the budget.

By the way, Dominion and coal giant Alpha Natural Resources in Bristol are among the biggest political donors in the state.

Coal Giant Won’t Pay Blankenship Legal Bill

don-blankenshipBy Peter Galuszka

The the man described by Rolling Stone as the “The Dark Lord of the Coal Fields” is suing coal giant Alpha Natural Resources of Bristol for refusing to pay his legal bills as he approaches his criminal trial April 20 related to the worst coal-mine disaster in 40 years.

Donald L. Blankenship, the former head of Richmond-based Massey Energy, filed suit in Delaware against Alpha which said: “Going forward, we do not intend to pay any legal fees with regard to Don Blankenship’s defense.” Those fees are likely to run in the millions.

Blankenship was indicted in November on four felony counts related to safety violations at the Upper Big Branch mine where an explosion killed 29 miners on April 5, 2010. He is also accused of securities fraud.

Blankenship resigned from Massey in December 2010 with a parachute estimated at $86 million. Alpha bought Massey in 2011 for $7 billion.

Since then, Alpha has been retraining the hundreds of Massey workers it absorbed but has gone through severe layoffs as demand for coal has stumbled.

Alpha’s stock has slipped from about $5 a share a year ago to $1.19 a share now. The firm lost $875 million last year. Demand for thermal coal has been drying up as cheaper natural gas from fracking has flooded the market. Also, the rich steel-making coal reserves Alpha got with its buy of Massey have gone wanting as Asian nations, especially China, go through an economic slump.

Blankenship will go on trial in U.S. District Court in Beckley, W.Va.

Does Anyone Really Understand this Dominion Deal?

pig_in_pokeby James A. Bacon

I’m still trying to figure out the legislative deal that Dominion has struck with the General Assembly. The grand bargain moving through the legislature freezes base rates for five years and requires the utility, not customers, to bear the risk of power plant closures due to federal carbon regulations. The bill has accumulated a lot of extraneous ornamentation — rate cuts reflecting lower fuel costs, promises to build more solar power, assistance to low-income families to weatherize their homes — but the main piece is the rate freeze.

The bargain responds to new Environmental Protection Agency rules regulating carbon dioxide as a pollutant, which, if carried out, would shut down several of Dominion’s coal and oil fuel plants. According to a State Corporation Commission (SCC) staff report, the changes could cost Dominion Virginia Power customers between $5 billion to $6 billion. The same rules would impose tremendous costs on customers of Appalachian Power Co. as well.

On the face of it, the legislation looks like a good deal to Virginia electricity rate payers. They get to lock down low electric rates for five years, while Dominion absorbs the financial risk of power plants shutting down. During that time, the SCC would audit Dominion’s books but not engage in rate setting.

But is it a really good deal for rate payers? I don’t know. I have questions for which I have seen no answers in the press accounts I have read.

First question: How real is the threat of power-plant shutdowns in the next five years? For all I know, the threat may be very real. But, then, maybe, given the glacial pace at which the EPA moves, and the ability of Dominion (and other electric utilities) to stall through lobbying and lawsuits, perhaps Dominion has reasonable expectations of fending off the shutdowns during that time-frame. Similarly, Dominion could be taking a calculated gamble that, if the power-plant shutdowns can be delayed two years, a Republican will be occupying the White House in 2017. A Republican president likely would reverse the EPA regulations through executive action just as the current occupant imposed it through executive action.

Of one thing we can be sure, Dominion can better assess its risks than Virginia’s politicians can. There is a dramatic asymmetry of information. Dominion has access to legions of lobbyists, lawyers, engineers, accountants and energy economists who keep the top brass fully informed of the risks and rewards associated with every action. Virginia’s lawmakers can draw upon the expertise of the SCC, but even the SCC doesn’t have access to all the information that Dominion does — and there’s no assurance that lawmakers would appreciate the significance of that information anyway. One thing we can reasonably assume: Dominion would not back the legislation working its way through the General Assembly unless it were advantageous to Dominion.

Second question: What happens if power plants get shut down after five years? While the rate freeze would end in 2020, the next rate review for Dominion would not be held until 2023, reports the Richmond Times-Dispatch, which quotes Edward Petrini with Virginia Committee for Fair Utility Rates as saying that effectively means Dominion is getting an eight-year rate freeze. But Dominion would absorb the financial risk of power-plant shut-downs for only five years. Could the costs of shutdowns in years six through eight be dumped onto rate payers?

Third question: What would likely happen to electric rates in the absence of a freeze? Would they head up or down? It makes no sense for Dominion to take on added risk unless it benefits from a freeze in base rates. This logic implies that Dominion expects that base rates would decline over the short run in the absence of a freeze. (Over the longer-term, rates assuredly will rise as non-compliant power plants are phased out.) How much will a freeze on base rates benefit Dominion? We don’t know. Is that amount, whatever it is, reasonable compensation for Dominion’s extra risk? We don’t know.

These are all basic questions to which lawmakers should know the answers. Alas, if they do, they haven’t seen fit to inform the public, and Dominion’s Keep Rates Low web page doesn’t address the issues. I don’t share the knee-jerk antipathy to Dominion that many pundits have — the utility has done a good job of ensuring reliable, low cost power — but I also have no illusions that Dominion is doing anything other than looking out for Number One. I find it inconceivable that Dominion would voluntarily (a) agree to a rate freeze that lowers revenue and profits, (b) take on the financial risk of power-plant shutdowns, and (c) make costly commitments to build solar power and weatherize homes. Something doesn’t add up.

I’m not saying that the legislation is a bad deal for the public — I’m saying the public doesn’t understand the deal. We don’t know if it’s a good deal or not. Lawmakers are buying a pig in a poke.

Dominion Resources Is on a Tear

acl pipeline map By Peter Galuszka

Dominion Resources has been on a tear recently.

It’s been muscling through a dubious law in the General Assembly that would allow it to avoid State Corporation Commission rate audits for six years.

And, it has been throwing its weight around in less populated sections of the state. It is suing to force its way on the land of private property owners to survey its $5 billion Atlantic Coast Pipeline project that would take fracked natural gas from the Marcellus Shale formation in West Virginia and Pennsylvania on new routes to the southeast.

Property owners, particularly those in Nelson and Augusta Counties, are fighting in federal court in Harrisonburg.

What’s most interesting about this case is how the Commonwealth of Virginia, which swaddles itself in the ideals of the American Revolution of individual rights , somehow ignores the rights of small property owners when a big utility with deep pockets for political donations is involved. One wonders where all the conservatives are who were huffing and puffing over the Kelo case a few years back

And (bonus question) what do the two situations have in common? Republican State Sen. Frank Wagner of Virginia Beach, that’s who. He introduced the bill for Dominion to sidestep SCC oversight with the excuse that Dominion has deal with the impacts of a yet-to-be-finalized set of new federal carbon emission rules.

In 2004, Wagner also carried water for Dominion and other power companies by getting a law passed that would allow a “public service company” to survey private property without getting permission.

This is the basis of several hundred lawsuits Dominion has filed against small landowners. In the pipeline case, it will be interesting to see whether the natural gas is used for the common good of American customers or will end up being exported to foreign countries. Dominion insists it won’t,  but time will tell.

Another oddity is that Dominion is demanding access to survey a pipeline route when it hasn’t formally applied for  the project with the Federal Energy Energy Commission. Imagine if some private landowners showed up at the front door of Dominion’s downtown Richmond headquarters and demanded access to the building because they were thinking about building a natural gas pipeline? (Somebody call security!)

Here’s an opinion piece I wrote for this morning’s Washington Post.

“Putinomics” Comes to Virginia

Several weeks ago, I was shocked to read a story in the TD that Dominion, Virginia’s dominant electric monopoly, was suing several land owners as a result of their refusal to allow a survey team to access their land to measure for a potential pipeline that Dominion and several other firms want to build.  The land is privately held, i.e. not in the public domain, private property and privacy are essential elements of a democratic and capitalistic society.  I was later informed that 10 years ago, the Virginia legislature in effect granted the right of eminent domain to Dominion, a private corporation.  Conceptually, eminent domain is used by governments to obtain property for public use such as schools, highways, and hospitals.  This is a prime example of anti-capitalist behavior on the part of Dominion and all of those “capitalists” in the General Assembly.

Today,  the TD reports that the electricity monopoly is playing accounting games with the legislature in an attempt to pass on inflated costs to its customers as it closes older power plants. Companies depreciate capital investments over a number of years.  Dominion failed to mention the original costs of these plants and that the charges that they have taken to their profits as legitimate depreciation.  The present book value can not be the same as replacement costs.  These costs are amortized over many years.

Perhaps Dominion should take the approach utilized by Lloyd Blankfein of Goldman Sachs to justify taking part in the huge A.I.G. bailout.  Lloyd said: “We do God’s work.” Vladimir Putin could not have said it better.

– Les Schreiber

Dominion’s Strange Ploy to Avoid Audits

dominion By Peter Galuszka

Dominion Virginia Power appears to be getting its way with strange legislation to freeze its rates and avoid regulatory audits for the next six years.

The state senate will hold hearings today on a bill that would cancel biennial rate reviews by the State Corporation Commission to 2020. Dominion’s rates will be frozen and couldn’t go up or down.

The utility’s reasoning is that it may have to spend a lot to comply with unfinished regulations by the U.S. Environmental Protection Agency that would cut carbon emissions from coal plants by 30 percent by 2030 compared with 2005 levels. Always looking out for its customers, Dominion doesn’t want to stick them with astronomical rate hikes resulting from the EPA rules.

The bill was drafted by Dominion, the state’s largest donor to political campaigns, by Sen. Frank Wagner (R-Virginia Beach) who is the go-to guy for laws favoring energy firms.

In 2004, Wagner sponsored legislation that allowed companies the right to survey land for proposed natural gas pipelines without having to obtain the owner’s permission first. The nettlesome law figures heavily in the current battle by property owners over proposed gas pipelines in the state, notably the $5 billion Atlantic Coast Pipeline in which Dominion is a partner. The pipeline would take gas 550-miles from West Virginia, through Virginia and on into North Carolina. Dominion has sued more than 240 landowners who have refused to grant access. They are challenging the constitutionality of the pipeline law in federal court.

There’s a lot odd about Wagner’s current bill. The first problem is that it would supposedly protect Dominion customers from federal rules that aren’t even final. It is weird that Dominion would use the excuse that it might be socked with huge costs by having to shutter coal-fired plants. Surprise, surprise! Dominion announced several years ago that it would shut down aging coal units in Yorktown and Chesapeake. So, what’s the connection between the new EPA rules and coal-plant closures?

Atty. Gen Mark Herring says that the Wagner bill is a ploy to keep Dominion from having its profits overseen by the SCC because the utility might have a $280 million surplus that ordinarily might have to go back to ratepayers. After  a 2011 SCC rate review, Dominion had to pay back $78 million to customers.

The other oddity is why Dominion and Wagner are suddenly so scared about exploding costs brought on by the EPA. After all, prices for natural gas, which fuel some of Dominion’s units and is  less polluting than coal, are very low – so low that the fracking boom that released a flood of cheap gas is slowing down considerably.

Environmental groups say that the Wagner bill is a gift for Dominion. The senator has received more than $43,000 in donations from the utility over the years.

The Many Problems of Offshore Drilling

deepwaterBy Peter Galuszka

Almost five years after the infamous Deepwater Horizon disaster in the Gulf of Mexico, President Barack Obama has again proposed opening tracts offshore of Virginia and the southeastern U.S. coast to oil and natural gas drilling.

The plan poses big risks for what may be little gain. Federal surveys show there could be 3.3 billion barrels of crude oil and 31.3 trillion cubic feet of natural gas in the potential lease area stretching from Virginia to Georgia.

Energy industry officials praised the plan while complaining it doesn’t go far enough. Environmental groups including the Sierra Club and the Chesapeake Bay Foundation condemned it. Besides the ecological risk, the move is a step away from refocusing energy on renewables that do not lead to more carbon emissions and climate change.

Obama’s plan would restrict drilling to areas more than 50 miles off the coast. This is a sop to the Navy and other military which conduct regular exercises offshore and to the commercial and sports fishing industries.

Is the restriction worthwhile? It is generally easier for oil rigs to be placed in shallow water and much of the areas off of Virginia and northeastern North Carolina and off of South Carolina and Georgia are in plateaus that aren’t very deep – maybe just a few hundred feet. Yet the Atlantic takes a huge plunge not far off of Cape Hatteras, descending as much as two miles down.

Drilling in deep water presents special problems for oil companies involving high pressure and high temperatures. That was the case with the Deepwater Horizon tragedy on April 20, 1010 that killed 11 workers. One big factor that a blowout preventer, designed to shut down the rig if drilling hits abnormally high levels of pressure, didn’t work completely. The rig was in 5,000 feet of water and crude spewed uncontrolled. Winds from the south washed the oil towards land and polluted nearly 500 miles of coastline in Florida, Alabama, Mississippi and Louisiana. An estimated 4.9 million barrels of crude were released.

oil-drilling-mapAlthough it isn’t certain if energy firms would drill in the very deep waters off of North Carolina, there is cold comfort in the fact that the Deepwater rig was only 48 miles from shore. In other words, it would have been too close in for the latest plan involving the southeastern coast. Supposedly, blowout preventers have been upgraded but there were still spills involving them off of Brazil and China post-Deepwater.

If something like that happened closer to home, it is not exactly certain where the oil would go. Winds can blow from the ocean and currents are very fickle. The Labrador Current might tend to push spilled oil back onto environmentally sensitive shoreline while the Gulf Stream might tend to take the spilled oil out to sea.

There is no question that drilling off any of the southeastern coast would be of some benefit to the now-struggling Tidewater economy since it has plenty of steel-bending industries, an able workforce and no significant bridges to pass under to reach deep water. It might help since the defense sector is winding down, but who knows what world conflicts will be like in 2025. Hampton Roads would be a more logical staging area than other ports such as Wilmington, N.C., Charleston or Savannah.

There’s a rub, however. The 3.3 billion barrels of estimated reserves isn’t that much. It is a fraction of the total estimated reserves in the country. Energy sector officials claim there is probably much more. Okay, fine, but no one knows for sure. The natural gas reserves involved are also somewhat small – just a fraction of the estimated reserves in the U.S.

It’s not the first time offshore drilling has come up locally. There was a big push for it in the late 1970s, prompting oil rig giant Brown & Root to buy up land near Cape Charles for fabricating rigs. Nothing happened and much of the land now is used for a luxury golf community. Obama was supposed to back lease sales in 2010 but then Deepwater happened. This begs the question – if the offshore petroleum is so valuable, why has it taken so long?

Yet another issue is what cut Virginia would actually get from offshore drilling. There was a flap a few years ago when offshore drilling was being pitched. Some revenues to states from offshore petroleum production are computed by how much shoreline a state has. In Virginia’s case, it is not much, at least when compared to North Carolina. Virginia politicians have pointed this out and hope for some adjustment.

No one can predict energy markets a decade from now. For instance, no one knew that hydraulic fracturing would increase petroleum production by 64 percent and possibly make the U.S. a petroleum exporter for the first time since the 1970s. Granted it is a rock and a hard place kind of choice. Fracking is fraught with pollution problems just as offshore drilling is.

There are certain to be plenty of lawsuits over the offshore plan and economics will likely determine its future. An important choice is whether it is worth risking Virginia’s military, resort and fishing businesses for Big Oil whose promise is uncertain when it comes to offshore drilling.

The Real “War on Coal”

Blankenship at 2009 Labor Day rally

Blankenship at 2009 Labor Day rally

By Peter Galuszka

Over in West Virginia, some things never seem to change.

Families of the 29 miners killed on April 5, 2010 at Massey Energy’s Upper Big Branch are asking a federal judge to lift her gag order so they can testify before West Virginia legislators considering tougher rules that would make it easier for workers to sue employers over job-related injuries and deaths.

U.S. District Judge Irene Berger issued the gag order last year after Donald L. Blankenship, the former chief of Richmond-based Massey Energy, was indicted on four criminal charges for his role in the disaster – the worst one in 40 years. He is scheduled to go on trial in Beckley on April 20.

The question seems to be that the judge is protecting Blankenship’s rights over those of the people hurt by his management. It is not really news in the Mountain State that has always supported Coal Barons over workers. It’s a weird, neo-colonialist thing that never seems to change.

This month, Berger denied a move by several news agencies, including the Charleston Gazette and The Wall Street Journal, to lift the gag order.

As head of Massey Energy, which has since been taken over by Bristol-based Alpha Natural Resources, Blankenship was a true publicity hog. He was never shy about pushing his arch-conservative, pro-business views or bankrolling politicians and judges. Worrying about protecting his legal rights at the expense of free speech is a real travesty.

Yes, there is a “War on Coal” – but the other way around. The conflict is how coal bosses wage war on their employees and their families.