Tag Archives: families

Immigrants’ rights must be protected from further attack

Earthjustice, Sierra Club, NRDC and Defenders of Wildlife are calling for an end to the Trump administration’s attacks on immigrants. Earthjustice also is supporting the Bridge Act, which would extend Deferred Action for Childhood Arrivals for three years.

The statement from Earthjustice president Trip Van Noppen:

Earthjustice holds as a foundational principle that every human being has a fundamental right to a clean and healthy environment.

Inherent in that right is the ability to participate in democratic decision-making affecting one’s health and access to a fair and impartial judiciary to ensure that the laws and rules meant to protect public health and the environment are enforced with fairness and equality.

Unfortunately, millions of individuals are denied this ability to protect their own health and that of their children because to do so would risk retaliation, incarceration, deportation and separation from their families.

The short-sighted measures taken yesterday by the Trump administration will bring dire consequences and compromise the future of mixed-status households with U.S. citizens who depend on their undocumented family members and share the fears, apprehensions, and exclusions with their loved ones.

In 2014, we applauded the Obama administration for taking steps to eliminate the threat of deportation for millions of immigrants who have become an intrinsic part of our communities and the nation as a whole. Their contributions to this country exemplify the best in our values. We stand firmly by the belief that without the fear of intimidation or removal, immigrant communities will be better positioned to stand up for their fundamental rights, including a right to a safe and healthy environment for their families. To shut down their voices by planting fear with ill-conceived walls, counterproductive enforcement procedures, and by trying to defund sanctuary cities undermines basic rights and is inherently un-American.

Rather than try to tear families and communities apart, the administration and Congress should step up to its responsibility to provide relief. This is why we are joining in solidarity with our partners in the Latino and civil rights community in urging Congress to pass the “BRIDGE Act;” a bill that would provide Dreamers with a temporary reprieve from deportation on terms similar to the Deferred Action for Childhood Arrivals (DACA) program.

This bill would protect many of the millions of aspiring Americans whose ability to secure justice and thrive is hampered by their immigration status. Immigrants play a fundamental role in our country, they live, work, and pray among us yet they are forced to remain in the shadows.  Silence and inaction are breeding grounds for injustice, and Earthjustice will not stand by while this reality continues.

Frustration runs deep for those forced to routinely change health plans

Andrea Schankman’s three-year relationship with her insurer, Coventry Health Care of Missouri, has been contentious, with disputes over what treatments it would pay for. Nonetheless, like other Missourians, Schankman was unnerved to receive a notice from Coventry last month informing her that her policy was not being offered in 2017.

With her specialists spread across different health systems in St. Louis, Schankman, a 64-year-old art consultant and interior designer, said she fears she may not be able to keep them all, given the shrinking offerings on Missouri’s health insurance marketplace. In addition to Aetna, which owns Coventry, paring back its policies, UnitedHealthcare is abandoning the market. The doctor and hospital networks for the remaining insurers will not be revealed until the enrollment period for people buying individual insurance begins Nov. 1.

“We’re all sitting waiting to see what they’re going to offer,” said Schankman, who lives in the village of Westwood. “A lot of [insurance] companies are just gone. It’s such a rush-rush-rush no one can possibly know they’re getting the right policy for themselves.”

Doctor and hospital switching has become a recurring scramble as consumers on the individual market find it difficult or impossible to stay on their same plans amid rising premiums and a revolving door of carriers willing to sell policies. The instability, which preceded the health law, is intensifying in the fourth year of the Affordable Care Act’s marketplaces for people buying insurance directly instead of through an employer.

“In 2017, just because of all the carrier exits, there are going to be more people making involuntary changes,” said Katherine Hempstead, a senior adviser at the Robert Wood Johnson Foundation, a New Jersey philanthropy. “I would imagine all things being equal, more people are going to be disappointed this year versus last year.”

Forty-three percent of returning consumers to the federal government’s online exchange, healthcare.gov, switched policies last year. Some were forced to when insurers stopped offering their plans while others sought out cheaper policies. In doing so, consumers saved an average of $42 a month on premiums, according to the government’s analysis. But avoiding higher premiums has cost many patients their choice of doctors.

Jim Berry, who runs an internet directory of accountants with his wife, switched last year from Blue Cross Blue Shield of Georgia to Humana after Blue Cross proposed a 16 percent premium hike.

Despite paying Humana $1,141 in premiums for the couple, Berry, who lives in Marietta, a suburb of Atlanta, said they were unable to find a doctor in the network taking new patients. They ended up signing up with a concierge practice that accepts their insurance but also charges them a $2,700 annual membership, a fee he pays out of pocket. Nonetheless, he said he has been satisfied with the policy.

But last month Humana, which is withdrawing from 88 percent of the counties it sold plans in this year, told Berry his policy was not continuing, and he is unsure what choices he will have and how much more they will cost.

“It’s not like if I don’t want to buy Humana or Blue Cross, I have five other people competing for my business,” Berry said. “It just seems like it’s a lot of money every year for what is just basic insurance, basic health care. I understand what you’re paying for is the unknown — that heart attack or stroke — but I don’t know where the break point is.”

To be sure, the same economic forces — cancelled policies, higher premiums and restrictive networks — have been agitating the markets for employer-provided insurance for years. But there is more scrutiny on the individual market, born of the turmoil of the Affordable Care Act.

Dr. Patrick Romano, a professor of medicine at the UC Davis Health System in Sacramento, Calif., said the topic has been coming up in focus groups he has been convening about the state insurance marketplace, Covered California. Switching doctors, he said, “is a disruption and can lead to interruptions in medications.”

“Some of it is unintentional because people can have delays getting in” to see their new doctor, he said. “Some of it may be because the new physician isn’t comfortable with the medication the previous physician prescribed.”

Dr. John Meigs, an Alabama physician and president of the American Academy of Family Physicians, said that whatever the source of insurance, changing doctors disrupts the trust a patient has built with a physician and the knowledge a doctor has about how each patient responds to illnesses. “Not everything is captured in a health record” that can be passed to the next doctor, Meigs said.

There is little research about whether switching doctors leads to worse outcomes, said Dr. Thomas Yackel, a professor of medicine at Oregon Health & Science University in Portland. In some cases, he said, it can offer unexpected benefits: “Having a fresh set of eyes on you as a patient, is that really always a bad thing?”

With the shake-up in the insurance market, access to some top medical systems may be further limited. Blue Cross Blue Shield of Tennessee, which has included the elite Vanderbilt University Medical Center in its network, is pulling out of the individual marketplace in the state’s three largest metro areas: Nashville, Memphis and Knoxville. Bobby Huffaker, CEO of American Exchange, an insurance firm in Tennessee, said so far, no other carrier includes Vanderbilt in its network in the individual market.

In St. Louis, Emily Bremer, an insurance broker, said only two insurers will be offering plans next year through healthcare.gov. Cigna’s network includes BJC HealthCare and an affiliated physicians’ group, while Anthem provides access to other major hospital systems, including Mercy, but excludes BJC and its preeminent academic medical center Barnes-Jewish Hospital.

“These networks have little or no overlap,” she said. “It means severing a lot of old relationships. I have clients who have doctors across multiple networks who are freaking out.”

Aetna said it will still offer policies off the healthcare.gov exchange. Those are harder to afford as the federal government does not provide subsidies, and Aetna has not revealed what its networks will be. In an email, an Aetna spokesman said the insurer was offering those policies to preserve its option to return to the exchanges in future years; if Aetna had completely stopped selling individual policies, it would be banned from the market for five years under federal rules.

Even before St. Louis’ insurance options shrunk, Bremer said she had to put members of some families on separate policies in order for everyone to keep their physicians. That can cost the families more, because their combined deductibles and maximum out-of-pocket payments can be higher than for a single policy, she said.

“Every year our plan disappears,” said Kurt Whaley, a 49-year-old draftsman in O’Fallon, Mo., near St. Louis. After one change, he said, “I got to keep my primary care physician, but my kids lost their doctors. I had to change doctors for my wife. It took away some of the hospitals we could get into.”

Brad Morrison, a retired warehouse manager in Quincy, Ill., said he has stuck with Coventry despite premium increases — he now pays $709 a month, up from $474 — because the policy has been the cheapest that would let him keep his doctor. “That’s the one thing I insisted on,” he said. “I love the guy.”

With Coventry leaving the Illinois exchanges, Morrison is unsure whether his alternatives will include his physician. His bright spot is that he turns 65 next spring. “I’m trying to hold out until I get to Medicare,” he said.

This report originally appeared in Money. It was made available by Kaiser Health News through a Creative Commons license. KHN is a national health policy news service that is part of the nonpartisan Henry J. Kaiser Family Foundation.

Newtown families’ lawsuit against gun maker dismissed

A judge has dismissed a wrongful-death lawsuit by Newtown, Connecticut, families against the maker of the rifle used in the Sandy Hook Elementary School shooting massacre.

The judge cited an embattled federal law that shields gun manufacturers from most lawsuits over criminal use of their products.

State Superior Court Judge Barbara Bellis granted a motion by Remington Arms to strike the lawsuit by the families of nine children and adults killed and a teacher who survived the Dec. 14, 2012, school attack, in which a gunman killed 20 first-graders and six educators with a Bushmaster AR-15-style rifle made by Remington.

The families were seeking to hold Remington accountable for selling what their lawyers called a semi-automatic rifle that is too dangerous for the public because it was designed as a military killing machine. Their lawyer vowed an immediate appeal of the ruling.

The judge agreed with attorneys for Madison, North Carolina-based Remington that the lawsuit should be dismissed under the federal Protection of Lawful Commerce in Arms Act, which was passed by Congress in 2005 and shields gun makers from liability when their firearms are used in crimes.

Advocates for gun control and against gun violence have criticized the law as special protection for gun makers.

It became an issue in the presidential campaign this year when Hillary Clinton, now the Democratic nominee, criticized then-challenger Bernie Sanders for his support of the law in 2005.

Sanders, a Vermont U.S. senator, is now backing a bill to repeal the law.

Lawyers for Remington said Congress passed the act after determining such lawsuits were an abuse of the legal system.

But the families’ attorneys argued the lawsuit was allowed under an exception in the federal law that allows litigation against companies that know, or should know, that their weapons are likely to be used in a way that risks injury to others, and the judge disagreed.

“While the families are obviously disappointed with the judge’s decision, this is not the end of the fight,” said Joshua Koskoff, a lawyer for the families. “We will appeal this decision immediately and continue our work to help prevent the next Sandy Hook from happening.”

Jonathan Whitcomb, an attorney for Remington Arms, declined to comment.

The company recently had been fighting to keep internal documents requested by the families from public view. The judge issued an order in August allowing certain documents containing trade secrets and other information to be kept from public view, but she said the order did not apply to all other documents in the case.

Besides Remington, other defendants in the lawsuit include firearms distributor Camfour and Riverview Gun Sales, the now-closed East Windsor store where the Newtown gunman’s mother legally bought the Bushmaster XM15-E2S rifle used in the shooting.

Gunman Adam Lanza, who was 20 years old, shot his mother to death at their Newtown home before driving to the school, where he killed 26 other people. He killed himself as police arrived.

Total U.S. wealth doubled between 1989 and 2013, but probably not your family’s wealth

Total wealth in the United States doubled between 1989 and 2013, but the wealth of  families in the middle of the economy barely budged during that period.

This finding comes from a new report prepared by the Congressional Budget Office for U.S. Sen. Bernie Sanders, the Vermont independent who waged a hard-fought battle for the Democratic presidential nomination.

“Over the period from 1989 through 2013, family wealth grew at significantly different rates for different segments of the U.S. population,” CBO wrote. “The distribution of wealth among the nation’s families was more unequal in 2013 than it had been in 1989.”

Sanders, in a press statement, said, “The reality, as this report makes clear, is that since the 1980s there has been an enormous transfer of wealth from the middle class and the poor to the wealthiest people in this country. There is something profoundly wrong when the rich keep getting richer and virtually everyone else gets poorer. That is unacceptable, and that has got to change.”

As of 2013, the top 10 percent of families owned three-quarters of total family wealth in the United States. The average wealth of the top 10 percent was $4 million, but families in the bottom 25 percent were $13,000 in debt on average, according to the CBO report.

More about the numbers

Since 1989, the amount owed by indebted U.S. families tripled. In 2013, families in the bottom 25 percent were $13,000 in debt, on average, whereas they had virtually no debt in 2001. A total of 15 million families were in debt in 2013, with an average indebtedness of $32,000.

Higher education plays a role in determining family wealth, according to the report. In 2013, households headed by someone with a college degree had four times more wealth than households headed by an individual with a high school degree.

Yet student loan debt was largely responsible for the increase in debt among the bottom 25 percent of families. Between 2007 and 2013 “the share of families with student debt increased from 25 percent to 36 percent, and the average amount increased from $24,000 to $36,000,” CBO wrote. The percentage of indebted families with outstanding student debt rose from 56 percent in 2007 to 64 percent in 2013, and their average student loan balances increased from $29,000 to $41,000.

“If we are going to reduce wealth inequality in this country, we must make public colleges and universities tuition-free and substantially lower student loan interest rates so that millions of young people do not leave school with a mountain of debt that burdens them for decades,” Sanders stated.

The rise and demise of a West Virginia coal mine

On the day Victor Clark retired after 26 years at the Hobet coal mine in West Virginia, the bosses called him to the office for a surprise.

His wife, daughter, and sons Rocky and Tony, both miners, turned out for ice-cream, pop and a farewell toast for a man who had been at the West Virginia strip mine since the beginning. “You felt appreciated,” Clark, 87, remembered of that day in January 1990.

When son Tony left the same mine in 2012, there was no fuss. “They had my job posted before I was out the door,” Tony said.

In a generation, the Hobet mine transformed from a small, founder-run operation to a company cheered in three different incarnations by Wall Street and twice bankrupt — a twisting path mirroring the fortunes of a U.S. coal industry whose output is at its lowest level in decades. Operating 25 miles south of Charleston in the belly of West Virginia, Hobet is a case study of a once-rich industry in decline.

Coal supporters blame competition from natural gas, weak demand from China and government pollution controls they call a “war on coal.” All those forces hampered an industry where the largest investor-owned companies are mired in bankruptcy.

Yet there’s something more to the coal story and the fall of industry behemoths. Like the onetime family-run Hobet mine, the coal sector transformed from a blue collar bastion known for dirty, dangerous work to one noted for its dizzying mode of buy and sell.

Some coal insiders believe the industry’s quest for fast profits through corporate maneuvers brought peril, not promise. As companies sought new investments, they shed union mines and left worker benefits in jeopardy. Those same companies piled up debt as they acquired rivals.

Bob Murray, an outspoken coal baron who founded Murray Energy, believes a drive for short-term profits pushed publicly-traded companies to the brink.

“I watched it go on and shook my head,” Murray said. “Everyone was shoving liabilities to someone else.”

As a privately held company, Murray Energy did not face the same investor pressure for quick returns. Still, the industry’s larger challenges are testing the Ohio miner. Murray Energy said last month it may be forced to lay off thousands of miners.

Those cutbacks have some asking whether any coal company can survive this industry-rattling decline.

Since last year, Arch Coal, Peabody Energy and Patriot Coal have all gone bankrupt. Each was tethered, at one point or another, to the Hobet mine – a site with a history shaped by mining advances, near disasters, striking workers and market swings.

Investors applauded for years before those industry leaders reached the edge. Patriot Coal shares soared in the first years after it took hold of union mines once controlled by Arch and Peabody. Wall Street helped leading companies acquire rivals in a 2011 buyout binge that crashed a few years later.

Arch Coal and Peabody Energy declined to discuss past business deals for this story. The companies have previously said critics are misguided in second-guessing deals in hindsight. When Arch sold the Hobet mine to a private equity firm in 2005, the buyer was “a strong, well-capitalized” entity, the company said.

Today, Hobet is owned by a conservation group and no longer producing coal. The mine is a scene of rubble and retaining ponds where sycamore, pine and cedar forests once stood. Toxic runoff must be steered clear of tributaries that feed the Ohio River. A decades-long cleanup awaits.

There’s uncertainty, too, for miners.

For Andrew Adkins it’s a matter of leukemia medicine costing $1,200 a month. He could die without his pills, yet the health care plan for Adkins and about 800 other retired Hobet miners and their families expires at year’s end. Miners who went on strike in the 1990s to protect their health plan said they never expected this.

“They’re doing away with everything we were promised,” said Adkins, a Vietnam veteran who relies on the low cost and open access of his health plan. Adkins, 71, is eligible for Medicare, but that carries its own costs and limitations.

For mining families in West Virginia and beyond, a blur of Wall Street deals altered the industry’s decades-old pledge to mining communities.

DAWN OF A COAL MINE

The Hobet mine was born in 1974 under a man named Fil Nutter – part of a West Virginia prospecting family that controlled a construction company, limestone pit and small-time coal mines.

Nutter was a “typical coal operator” of the era with the charm and hustle needed to thrive in the mountains, said Homer Toler, an early employee. “He liked to party, get drunk and worked his ass off,” Toler said.

When a land speculator named Granville Lee “Jimmy” Linville acquired the right to a forested plot 25 miles south of Charleston, Nutter brought the financing and connections. They went into business together.

Underground mines were joined by strip mines: workers blasting, or ‘shooting,’ the surface until they reached coal and then pushed everything else down the mountainside.

“Shoot and shove,” in common parlance. The method left behind poisoned streams and peaks sheared in half.

Nutter, who died in 2009, knew the brutality of coal mining. One brother was killed in a bulldozer accident at a strip mine, and the Hobet workforce was shaped by defiance.

Just a few summits from the Hobet mine stands Blair Mountain, site of a bloody scene in 1921, where at least 10,000 miners stood down strikebreakers, sheriffs and coal bosses.

“If you owned a mine in this area, it was going to be union,” said Wayne Chambers, founding member of the United Mine Workers of America local at Hobet.

Hobet grew from a hill and valley called Dog Hollow. Soon one shift became two. Streetlights were installed so laborers could work around the clock to fulfill a contract with a power plant in the state capital, Charleston.

The less than 90,000 tons of coal produced in 1975 ballooned to nearly a half-million tons by 1978. Some miners say they dared believe Jimmy Linville’s prophecy: “Men, you’ll retire from this job.”

A NEW EARTH MOVER

In the coal patch that stretches from southern West Virginia to central Pennsylvania, miners must pull countless loads of worthless rubble out of the ground before reaching the precious black rock. Hauling that waste, or “spoil,” is a costly concern.

Nutter had a method that satisfied West Virginia officials, but then Congress set national standards with the Surface Mining Control and Reclamation Act of 1977. Mining companies were to take more care with spoil and restore vanished mountains to their “approximate original contour.”

New rules meant higher costs. The year the law was passed, Nutter sold out to Ashland Oil of Kentucky. The new operator attacked the problem of spoil with an audacious piece of equipment.

It was a dragline: a towering crane-and-bucket that could carry in one scoop what several dump trucks might haul.

The dragline came in pieces and took 18 months to assemble. The contraption grew to a 20-story tower and slung a giant bucket from a half-mile of steel cable.

At first sight, miners feared the dragline might end their jobs. But the mammoth machine is probably what kept Hobet running through market ups and downs over the years, those same workers say.

In 1984, the first full year of operating the dragline, Hobet produced 1.8 million tons of coal. That was more than double previous output, according to data from the Mine Safety and Health Administration.

Jobs were abundant, with over 200 miners, and spirits were high. Workers and bosses fraternized at the Hobet cookout each summer, the families fishing and tossing horseshoes.

In these flush times, miners were unafraid to strike.

From May until nearly Christmas in 1993, workers were off the job to protect their health plan. “We won that one. We won them all,” recalled former miner Adkins.

In the end, though, the health and pension plans at Hobet were difficult to sustain. Pensions had defined benefits, which relied on a share of miner wages going to pay retirees. Layoffs and cutbacks to the workforce could upend that model.

The Hobet health plan had uncommonly low deductibles.

“We took smaller pensions, smaller hourly wages to protect our health insurance,” said Ronald ‘Yogi’ Pauley, a United Mine Workers leader at the Hobet mine for 30 years.

Former managers agree the health plans were exceptional.

“These would have been called ‘Cadillac’ health plans,” said Ken Woodring, who started as a Hobet mine manager in the 1970s and retired as an Arch executive in 2004. “They were manageable when health costs were low in the 1960s and 1970s. But those costs kept rising.”

DEBT AND PROMISES

The fate of miners was closely tied to a changeable coal market known for long winning and losing streaks.

In September 1995, as Hurricane Opal crashed through the Gulf of Mexico, fear of a natural gas shortage drove coal prices higher.

Within months, utilities burned through coal inventories until they reached lows not seen since Fil Nutter put his claim on Dog Hollow.

Steady, reliable coal was proving itself again. Investors liked the turnaround story and Ashland helped conceive Arch Coal as a shareholder-owned company in July 1997. Hobet was now under Arch Coal’s corporate umbrella.

In the era of answering to Wall Street, Woodring said, mining knowledge could take a backseat to marketing. It was important that executives be comfortable with investors, analysts and stock pickers.

Steven Leer, 45 at the time, had helped market Valvoline motor oil for Ashland before leading the coal division. When Arch Coal was formed, Leer was tapped as chief executive and paid in Wall Street fashion, with bonuses, country club memberships and other perks. Much of his compensation was tied to the company’s performance. If the share price climbed, Leer could redeem stock options for cash.

Leer did not respond to interview requests.

Deals were one way to get investors’ attention, and Leer’s first big acquisition in 1998 was emblematic of a borrow-and-buy growth strategy.

Arch used more than a billion dollars in debt to take hold of new leases and rival operations in the West. Further deals would anchor the company in Wyoming’s Powder River Basin. There, union power was weak and mines had vast reserves of low-sulfur coal in demand under new pollution controls.

Still, Arch Coal had promises to keep at Hobet and other eastern mines where current and former workers were owed hundreds of millions of dollars in benefits. These were “onerous” liabilities, credit rating agency Standard and Poor’s reported.

Arch Coal could not shift its miner liabilities, so it tried to control them. With bigger machinery and longer hours, the Hobet mine could boost output without hiring more miners.

After five years under Arch, Hobet was producing a record 5 million tons of coal, according to government data. That was 1.5 million tons more than Ashland produced in its last year of management.

Production was up but the culture became more focused on the bottom line, some former miners say.

Hobet managers summoned to Arch’s St. Louis headquarters came back describing cost-savings and “the Arch Way” of management that kept a steady eye on spending, said Ronnie Vance, a Hobet manager.

In Novembers past, Ashland had tolerated deer season when more than 15 percent of the workforce sought an absence. No more.

COAL CRUSH

Coal fever spread through the 2000s. Asian demand rose with the economy and natural gas output was flat, keeping up demand for coal.

Amid record revenue, one cost remained a blot on the Arch Coal balance sheet: more than $400 million in miner health and pension costs.

By 2005, investor hunger for coal had spread beyond Wall Street. ArcLight Capital Partners, a Boston private equity group, wanted a toehold in the coal business and Arch Coal found a way out of some stubborn costs.

ArcLight bought Hobet and three other West Virginia mines and named the new enterprise Magnum Coal. The deal included the miner health and pension plans.

The welfare of thousands of miner families was no longer tied to the deep-pocketed Arch Coal. Miners fretted about their private equity bosses and the sector’s reputation for flipping companies for investors.

Could Magnum shoulder miner health and welfare plans? Miners had to wait and see. “The union leadership told us there was nothing we could do,” said labor leader Pauley.

The Magnum transaction “clears the decks” for more growth, Leer told analysts on a conference call in January 2006. Arch shares climbed 3.6 percent.

In 2007, Leer took a $10 million payout – his biggest in a career with Arch Coal that earned him more than $40 million, a Reuters review of securities filings found.

WALL STREET AND COAL

Peabody Energy, the nation’s largest coal company, conceived Patriot Coal in 2007 to house its union mines and about $750 million in worker liabilities. Eventually, Patriot Coal bought Magnum Coal.

By 2011, rising coal prices ignited a new spree of deals. This time coal companies borrowed big for industry-shaping buyouts.

Alpha Natural Resources acquired Massey Energy for $7.1 billion in 2011. In December, Peabody Energy acquired MacArthur Coal of Australia for $5.1 billion. Arch Coal bought rival International Coal Group in May for $3.4 billion, with Leer envisioning a “coal franchise poised for growth.”

In the end, the deals were poorly timed. Asian coal demand was tapering, and the new drilling technique of hydraulic fracturing, or fracking, pushed natural gas prices to 10-year lows.

Alpha Natural Resources declined to comment on the 2011 deals.

Mike Quillen, who founded Alpha in 2002, believes coal executives erred by trying to keep up with the steady rhythms of Wall Street.

“Debt will kill you in the coal business,” said Quillen, who stepped down as Alpha’s chairman in 2012. “And it’s cyclical. But everybody just got caught up in the idea that high coal prices would go on forever.”

The industry paid for that misjudgment.

Alpha Natural Resources filed for bankruptcy in August 2015; a federal judge in July approved its plan to exit bankruptcy. Peabody Energy filed for bankruptcy in April 2016. Arch Coal, which filed for bankruptcy in January 2016, suffered cost overruns at its Leer Mine of West Virginia, named after its executive.

“If it weren’t for those deals, these companies would be solvent,” said John Hanou, an independent coal industry analyst who helped lead market research at Wood Mackenzie and Hill & Associates in Annapolis, Maryland.

Quillen said that’s not so clear-cut. “Everything is negative for the industry right now. There’s no way of knowing how long any company might have survived,” he said.

The coal industry will come through this downturn smaller and with fewer publicly-owned companies, he said. “But I don’t think the major acquisitions were the single catalyst.”

TOXIC LEGACY

Today the remnants of decline are visible at the Hobet mine.

The weathered piles of spoil and valley fills are leaching selenium, a healthful nutrient in trace amounts but a toxin in larger doses. A 2008 study, presented in federal court, found deformed fish and warned of catastrophe, requiring a cleanup.

Patriot Coal, the last major operator at the Hobet mine, outlined more than $400 million in pollution liabilities after its first bankruptcy in 2012. At the same time, miners learned their health benefits would vanish.

The company-sponsored policy relied on cash from coal operators that are now bankrupt and so those contributions are due to end.

When Patriot went bankrupt again last year, the company was sold in pieces.

West Virginia Gov. Earl Ray Tomblin has said he hopes the Hobet site will be fit for commercial development. But there are no concrete plans yet.

On the land where the dragline first trod, there’s a slurry impoundment rather than the wildlife habitat promised by executives in the original permit. This summer, the dragline will be idled.

U.S. court backs Native American families in ACLU suit

A federal court has dealt another blow to defendants in an American Civil Liberties Union lawsuit over the rights of Native American families in South Dakota.

Chief Judge Jeffrey Viken denied government officials’ motions for reconsideration of his order to them last March to stop violating the rights of Native American parents and tribes in state child custody proceedings.

“Once again the court has ruled that Native American children, their parents, and their tribes are entitled to fair procedures whenever the state seeks to remove children from their homes, as required by federal law,” Stephen Pevar, an attorney with the ACLU’s Racial Justice Program, said in a news release.

The ruling stems from a lawsuit brought by the ACLU and Rapid City attorney Dana Hanna on behalf of two South Dakota tribes — the Oglala Sioux Tribe and the Rosebud Sioux Tribe — and Native American parents who suffered the loss of their children at the hands of the state.

The lawsuit in part charges that Native American children are being removed from their homes in hearings that lasted as little as 60 seconds, and that parents have no chance to present evidence. Last March, the court agreed with seven of the ACLU’s claims, and ordered the state to:

• Provide parents with adequate notice prior to emergency removal hearings.

• Allow parents to testify at those hearings and present evidence.

• Appoint attorneys to assist parents in these removal  proceedings.

• Allow parents to cross-examine the state’s witnesses in the hearings.

• Require state courts to base their decisions on evidence presented during these hearings.

The court also found that the state violated the Indian Child Welfare Act, a federal law designed to ensure the security and integrity of Native American tribes and families. Late Friday, Viken issued a ruling rejecting defendants’ motions to reconsider; one final outstanding claim concerns whether the state Department of Social Services is returning Native American children in foster care to their homes as quickly as federal law requires.

The defendants are state Judge Jeff Davis, Pennington County prosecutor Mark Vargo, state director of the Department of Social Services Lynne Valenti and Pennington County DSS employee Luann Van Hunnik.

The lawsuit, Oglala Sioux Tribe v. Van Hunnik, was filed in U.S. District Court for the District of South Dakota in Rapid City.

New USDA rules could improve choices for consumers with food stamps

The Agriculture Department unveiled new rules on on Feb. 16 that would require retailers who accept food stamps to stock a wider variety of healthy foods or face the loss of business as consumers shop elsewhere.

The proposed rules are designed to ensure that the more than 46 million Americans who use food stamps have better access to healthy foods although they don’t dictate what people buy or eat. A person using food stamp dollars could still purchase as much junk food as they wanted, but they would at least have more options in the store to buy fruits, vegetables, dairy, meats and bread.

“USDA is committed to expanding access for SNAP participants to the types of foods that are important to a healthy diet,” Kevin Concannon, USDA undersecretary for food, nutrition and consumer services, said in a statement. “This proposed rule ensures that retailers who accept SNAP benefits offer a variety of products to support healthy choices for those participating in the program.”

In 2014, Congress required the Agriculture Department to develop regulations to make sure that stores that accept food stamp dollars, now called the Supplemental Nutrition Assistance Program, or SNAP, stock a wider array of healthy food choices.

Under current rules, SNAP retailers must stock at least three varieties of foods in each of four food groups: fruits and vegetables, dairy, breads and cereals, and meats, poultry and fish. The new rules would require the retailers to stock seven varieties in each food group, and at least three of the food groups would have to include perishable items. In all, the rules would require stores to stock at least 168 items that USDA considers healthy.

The proposal would also require that retailers have enough in stock of each item so that the foods would be continuously available.

The rules could mean that fewer convenience stores qualify to be SNAP retailers. The convenience store industry has argued that it often operates the only stores that serve certain neighborhoods and at certain times, like overnight. Concannon said the department would try to ensure that the rules don’t affect SNAP recipients’ access to food retailers, and the department may consider waiving the proposed requirements in some areas.

The rules come as a key House Republican is pushing for drug tests for food stamp recipients and new cuts to the program.

Alabama Rep. Robert Aderholt, the chairman of the subcommittee that oversees USDA spending, introduced a bill earlier in February that would allow states to require drug testing. The move is designed to help states like Wisconsin, where conservative Republican Gov. Scott Walker has sued the federal government, to permit screening.

USDA has pushed back on such efforts, as it did when Republicans unsuccessfully attempted to cut 5 percent from the program during negotiations over the 2014 farm bill. The push comes as SNAP use has skyrocketed — the program served more than 46 million Americans and cost $74 billion last year. That’s twice the program’s 2008 cost.

“While I have not seen Rep. Aderholt’s proposed legislation, I have serious concerns about an approach that could deprive a family of access to food and basic necessities simply because a member of the family is struggling with addiction,” Vilsack said after Aderholt introduced the bill.

EPA announces new protections for farmworkers

The U.S. Environmental Protection Agency announced today increased protections for the nation’s 2 million agricultural workers and their families.

Each year, thousands of potentially preventable pesticide exposure incidents are reported that lead to sick days, lost wages and medical bills but with changes to the Agricultural Worker Protection Standard the risk of injury or illness resulting from contact with pesticides on farms and in forests, nurseries and greenhouses can be reduced.

“President Obama has called closing gaps of opportunity a defining challenge of our time. Meeting that challenge means ensuring healthy work environments for all Americans, especially those in our nation’s vulnerable communities,” EPA Administrator Gina McCarthy said in a news release. “We depend on farmworkers every day to help put the food we eat on America’s dinner tables — and they deserve fair, equitable working standards with strong health and safety protections.  With these updates we can protect workers, while at the same time preserve the strong traditions of our family farms and ensure the continued the growth of our agricultural economy.”

U.S. Secretary of Labor Thomas E. Perez said, “No one should ever have to risk their lives for their livelihoods, but far too many workers, especially those who work in agriculture, face conditions that challenge their health and safety every day.”

He continued, “Workplace illness and injury contribute greatly to economic inequality, and can have a devastating impact on workers and their families. By promoting workplace safety, these provisions will enhance economic security for people struggling to make ends meet and keep more Americans on the job raising the crops that feed the world, and we are proud to support the EPA in this effort.”

EPA’s updates reflect comment federal and state partners and the agricultural community including farmworkers, farmers and industry.

The EPA said the provisions will help ensure farmworkers nationwide receive annual safety training; that children under the age of 18 are prohibited from handling pesticides; and that workers are aware of the protections they are afforded under today’s action and have the tools needed to protect themselves and their families from pesticide exposure.

These revisions will publish in the Federal Register within the next 60 days. 

Clinton to campaign in Milwaukee Sept. 10

Hillary Clinton was due to make her first campaign trip to Wisconsin on Sept. 10.

As WiG went to press, the Democratic candidate was planning to speak at a “Women for Hillary” grassroots organizing meeting on Sept. 10 in Milwaukee. The event was to be held at 5:30 p.m. at the University of Wisconsin-Milwaukee at Spaights Plaza. 

An announcement from the campaign said Clinton would focus on her record of fighting for women and families. Clinton has said if elected president, she would protect funding for Planned Parenthood and support affordable birth control. She also pledged to ensure all workers receive paid leave and fight for equal pay for women.

Twenty years ago, as first lady, Clinton famously delivered a speech on women’s rights to the United Nation’s Fourth World Conference on Women. Clinton then said, “It is no longer acceptable to discuss women’s rights as separate from human rights.”

She said, “If there is one message that echoes forth from this conference, let it be that human rights are women’s rights and women’s rights are human rights, once and for all.”

Clinton, in her campaign visit to Milwaukee, was expected to emphasize the stark contrast between the equality record she established as first lady, U.S. senator and secretary of state and the records of the Republican candidates, most notably Gov. Scott Walker’s attacks on women’s rights in Wisconsin.

—L.N.

To sign up to attend, go to HillaryClinton.com.

And for the briefing material, go here.

Elton John: Mayor supporting removal of children’s books is ‘boorishly bigoted’

Elton John has slammed Venice’s conservative mayor over moves to remove books from public preschools dealing with gender issues and featuring same-sex couples.

The singer, who has a home in Venice, Italy, called Mayor Luigi Brugnaro “boorishly bigoted” in an Instagram post following the removal of some books from preschools pending an evaluation of their appropriateness. 

Brugnaro shot back on Twitter, saying, “The challenge is to give real resources for saving (hash)Venice,” adding in dialect: “Let’s get to facts, out with the cash (hash)Elton John.”

The mayor in a statement last month voiced reservations about several books with LGBT themes.

He said it would be decided over the school break who would make the selections “to avoid further diatribes.”