This editorial originally published by The State Journal

June 21, 2007

Energy in Demand; Coal on the Ropes

In stark black and white, the West Virginia University College of Business and Economics reported this week that coal production was down 11 million tons in the southern counties of West Virginia during the first quarter.

Here's an explanation from the WVU economic analysis: "Increasingly challenging geologic conditions, rising costs and falling spot prices -- combined with regulatory uncertainty -- are likely precursors of production decline."

At a time when the nation clamors for energy, West Virginia's coal production is in decline. While West Virginia coal companies are accustomed to dealing with difficult mining conditions and volatility in the energy market, they are unable to overcome the "regulatory uncertainty" that WVU described.

This is playing out in a sadly predictable way: Uncertainty about the viability of future mining operations keeps investors away. For the same reason, coal companies decline to seek new permits. Workers lose their jobs. West Virginia coal remains in the ground. Coal buyers turn to more reliable sources. The energy boom that so many celebrated dissipates in West Virginia.

Opponents of coal are winning inch by inch. They have found friendly venues. They have succeeded through persistence. They show no remorse for forcing West Virginia miners and their families to move on to other endeavors. We have become witnesses to the orchestrated dismantling of one of West Virginia's economic strengths.

The federal courts -- at least those here in West Virginia -- have had a penchant for interpreting established mining laws in new ways. For example, Judge Robert C. Chambers of the Southern District of West Virginia last week established tough, new guidelines for the construction of sediment ponds at mining sites, essentially outlawing that longstanding practice. Such a decision, whose effects appear to be alarmingly damaging to the industry, certainly contributes to the "regulatory uncertainty" that WVU noted in its analysis.

What we have here is a tyranny of the minority. The opponents of coal work to impose their will through the federal courts and discourage the industry after failing to achieve their goals through legislative avenues. They do not have to answer to the displaced coal workers and their families. They do not have to explain the impact of coal's demise on the state budget. They won't be responsible for assuring that our state and nation have an affordable, reliable source of energy. But they will have won.

And the rest of us -- most of us -- will lament the loss of an opportunity that is forever gone.