CHARLESTON, W.Va. - A loophole for disposal of toxic coal ash is being widely misused across northern West Virginia, according to experts worried about heavy metals leaching into creeks and rivers.

As the U.S. wrestles with how to dispose of decades worth of coal ash, Jim Kotcon, Energy Committee chairman with the Sierra Club West Virginia Chapter, says as much as 40 percent of current disposal falls under a "beneficial use" exemption, despite the ash containing mercury, lead, arsenic and cadmium, among other toxins.

He says the state's waters are vulnerable with this kind of disposal.

"In most cases, that means it is being carried to surface mines, dumped on the ground for so-called soil remediation or acid mine drainage treatment," says Kotcon.

Under pressure from coal and power plant allies in Congress, the Environmental Protection Agency classified the ash as a "special waste" rather than a "hazardous waste." The U.S. still produces about 140 million tons of coal ash a year, one of the largest kinds of solid waste by weight. Some ends up being used to make products like paper and wallboard, but it's a small fraction of the total.

Most of the ash goes into landfills or temporary impoundments. The federal Office of Surface Mining is now writing rules for placing it on old mine sites. Congressman David McKinley has forcefully defended what he describes as coal ash "recycling." He argues that its use, in industries like paper-making, supports jobs. And he sponsored a bill to make the 'special waste' designation permanent.

"Three hundred-and-sixteen thousand jobs are at risk," says McKinley. "What we're trying to do is codify that provision, so that we've removed the uncertainty for the recyclers."

Kotcon says calling it "recycling" disguises the fact that in most cases of "beneficial use," the ash is just dumped on the ground or mixed with the soil. He says according to the EPA, that's the worst thing that can be done with the ash, given the likelihood of leaching into surface and ground water.

"And yet, there is very little regulation or monitoring of what happens to the heavy metals from these sites. We're just not monitoring it, and we don't have a good handle on where it's happening," says Kotcon.


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Maine lawmakers are considering two pieces of legislation which supporters said are needed to ensure "responsible" development of offshore wind projects.

Legislative Document 1895 builds on the work of the state's Offshore Wind Roadmap, a multiyear process, and establishes a market for wind projects in Maine along with environmental and labor protections.

Francis Eanes, executive director of the Maine Labor Climate Council, said the bill ensures the state can better protect its lobstering and fishing communities by having a say in where offshore wind turbines are located.

"This is our ability to have a hand on the steering wheel," Eanes asserted. "To really make sure that what makes sense for Maine is heard loud and clear by the federal government as they are going about the process of developing these offshore-wind leases."

Eanes argued greater offshore-wind energy is needed to meet the state's ambitious climate goals, including reaching net-zero emissions by 2045. Some critics of the bill have said it does not fully address potential long-term impacts on Native American communities, or the gulf's ecosystem.

Backers of building an offshore-wind industry in Maine say it has the potential to create thousands of jobs, and building a port would allow the state to ensure developers commit to equitable hiring practices. Eanes noted another bill, Legislative Document 1818, would ensure quality union jobs for some of the state's most impoverished rural communities.

"From our tribal communities, from our new Mainer communities," Eanes explained. "Make sure that they have pathways to high-quality, livable wage jobs in this industry."

Eanes added the bill would also help Maine secure the permits and federal funding to build port facilities, and require operators to pursue federal funding for zero-emission equipment.

Backers said it would be good news for the Gulf of Maine, which not only has some of the world's most consistent winds, but some of the fastest-warming water on the planet.


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Clean-energy products, such as electric vehicles or home heat pump systems, might seem out of reach for a lot of people. But with federal incentives and other support, more Wisconsinites - including low-income residents - could soon have easier access.

Last year's federal Inflation Reduction Act includes a mix of tax credits and rebates for products designed to make homes more energy efficient and save drivers some green if they want to buy an EV.

Francisco Sayu, emerging technology director for the group RENEW Wisconsin, said there has long been an exclusive tone tied to the renewable-energy market. But he said the new incentives are a game-changer.

"If you're a renter," said Sayu, "there are rebates and tax credits for equipment that you can take with you when you move."

One example is a portable window heat pump that can be used as an air conditioner.

Sayu acknowledged implementation of the IRA is complex, meaning the rebates aren't available yet.

Separately, the Department of Housing and Urban Development recently announced funding from the Act for owners of multifamily units - serving low-income residents - to seek grants and loans to improve the energy efficiency of their properties.

As for electric vehicles, Sayu said there are now more options on the used market as some of the earlier models begin to age. And the federal incentives can be used for previously owned EV's.

"If you purchase an electric vehicle that is priced below $25,000 and it's at least three years old," said Sayu, "you qualify for a 30% tax credit up to $4,000. And that makes electric vehicles pretty competitive with internal-combustion cars."

While states are awaiting guidance on how to phase in some of the rebates, Sayu said Wisconsin is in a good position because it already has a built-in statewide entity that carries out these types of programs.

The state's Public Service Commission says that entity, called Focus on Energy, will directly offer IRA programs across Wisconsin once funding is made available.




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Amid rising energy costs and inflation, energy advocates said they have seen a jump in interest in community solar.

Luanne McGovern, legislative chair and board member of the West Virginia Highlands Conservancy, explained community solar lets individuals, businesses and organizations buy a "share" in a community solar project and in turn, receive a credit on their monthly electric bill.

She explained community solar projects could potentially lower energy costs for residents and increase investment in the state, pointing to the companies eyeing West Virginia land for new solar farm infrastructure.

"Abandoned mine lands, closed-down power plants, lots of places where solar arrays could be built quite easily," McGovern outlined.

At least 18 states nationwide have passed legislation changing how utilities are regulated in order to approve community solar. Two bills introduced by West Virginia state lawmakers this year, Senate Bill 627 and House Bill 2159, would have made it easier to implement community solar projects.

McGovern added for a variety of reasons, many people cannot install individual solar panels on their home.

"It might be where they're located, they don't have enough sunlight, there's trees, maybe they rent," McGovern noted. "Maybe they're in a homeowner's association that doesn't allow solar panels, for a lot of reasons, people that want to have solar energy can't have access at their home."

According to the renewable-energy firm EnergySage, most community solar customers see savings ranging between 5% and 15% of their annual electricity costs. Critics countered solar farms take up space, and emphasized community solar users often are not eligible for state-based incentives.