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Tag: West Virginia

  • West Virginia bans marriage for children age 15 or younger

    West Virginia bans marriage for children age 15 or younger

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    CHARLESTON, W.Va. (AP) — West Virginia will no longer allow children under 16 to marry, after the governor signed a compromise bill Wednesday.

    The law signed by Republican Gov. Jim Justice continues allowing children ages 16 and 17 to get married with restrictions. Under the new law, those minors must get parental consent and can’t marry someone more than four years older than them. Existing legal marriages, and those done in other states, are unaffected.

    Previously, anyone younger than 16 could have gotten married with a judge’s waiver.

    Similar bills to ban child marriage were proposed in recent years but didn’t get traction.

    Some Democrats, including the bill’s sponsor, Del. Kayla Young of Kanawha County, had hoped to eliminate child marriage altogether. Some Republicans in the GOP-dominated Legislature spoke about how they or their parents had married before adulthood and argued that state recognition of the relationships helps keep families together.

    Young said she had to compromise with her Republican colleagues to secure a minimum age for marriage, and celebrated the aspect of the bill that prohibited large age gaps.

    Seven states have set the minimum age for marriage at 18, all since 2018, according to the advocacy group Unchained at Last, which has lobbied for legislation in variousstates to end child marriage. The group calls the practice a human rights abuse.

    Supporters of such legislation say it reduces domestic violence, unwanted pregnancies and improves the lives of teens.

    West Virginia had the highest rate of child marriages among the states, according to the Pew Research Center. There were around seven marriages for every 1,000 children ages 15 to 17 in West Virginia in data collected from 2010 to 2014, compared to around 4.6 marriages per 1,000 for the same age group nationwide. More recent figures were unavailable.

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    This story has been updated to correct the figures for teen marriages in West Virginia.

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  • New Maryland abortion provider to open near West Virginia in post-Roe

    New Maryland abortion provider to open near West Virginia in post-Roe

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    A new abortion provider will be opening this year in Democratic-controlled Maryland — just across from conservative West Virginia, where state lawmakers recently passed a near-total abortion ban.

    The Women’s Health Center of Maryland in Cumberland, about 5 miles from West Virginia, will open its doors in June — a year after the U.S. Supreme Court overturned federal abortion protections — to provide abortions to patients across central Appalachia, a region clinic operators say is an “abortion desert.”

    “Hours in any direction, there are no other abortion providers here — it’s smack dab in the middle of an absolute abortion desert, and that’s by design,” said Katie Quiñonez, executive director of the Charleston-based Women’s Health Center of West Virginia, the state’s lone abortion clinic until it was forced to stop the procedures after legislators in September passed a ban with narrow exemptions.

    The Cumberland clinic will be the only independent reproductive health care center in the area and the western-most provider of surgical and medical abortion and gender-affirming hormone therapy in Maryland. Quiñonez, who will also serve as the Maryland clinic’s executive director, said the facility will be a more accessible option for patients in northern West Virginia, western Maryland, south central Pennsylvania and Ohio, where an abortion ban is under injunction.

    Independent abortion clinics provide most abortions in the U.S. — especially for people with low-incomes who live in isolated, rural states that restrict or ban abortions. The clinics are more likely to offer abortion after the first trimester and to provide both surgical and medication abortion options, according to the Abortion Care Network, the national association for independent abortion care providers.

    Dozens of independent clinics across the country have been forced to close their doors since the U.S. Supreme Court overturned Roe v. Wade, and in 14 states, there are no abortion clinics at all.

    At least 66 clinics in 15 states have stopped providing abortions since the decision, according the Guttmacher Institute, a research group that supports abortion rights. The number of clinics providing abortions in those 15 states dropped from 79 to 13 by October of last year, with the remaining clinics in Georgia.

    When West Virginia lawmakers passed their sweeping abortion ban, several members of the Republican majority said they hoped it would force the Women’s Health Center of West Virginia to shut down. Republican Sen. Robert Karnes said he believed shuttering the center was “going to save a lot of babies.” Brandon Steele, a Republican in the state’s House of Delegates, called abortion access “a scar” and “a curse” lawmakers had to “remove from this land.”

    West Virginia patients seeking an abortion now have to take time off work, travel hundreds of miles and pay for lodging and other accommodations, “all to get basic health care,” Quiñonez said.

    “Our communities deserve better — people should be able to access abortion care without delay or barriers,” she said.

    The Women’s Health Center of Maryland will provide abortion services into the second trimester and will accept Maryland Medicaid, which covers abortion. It will also offer annual exams, contraception, testing and treatment for sexually-transmitted diseases, as well as breast and cervical cancer screenings.

    Although no abortions can be provided there, West Virginia’s clinic is still open and offers other reproductive health care and hard-to-find services, like gender-affirming hormone therapy. But Quiñonez said they still get calls from anxious patients who don’t know where to go for an abortion. Until the Maryland clinic opens and can take referrals, her staff has no other option but to send callers to a website to find out-of-state services.

    Since January 2022, the clinic’s abortion fund has distributed $150,000 for more than 800 people, mostly West Virginia residents.

    Maryland has a Democratic governor and a Democratic-controlled General Assembly that has shown commitment to preserving abortion access. Abortion is legal in Maryland until about 24 weeks into pregnancy.

    The nearest independent reproductive health clinic to Cumberland that provides abortion and gender-affirming hormone therapy is a Planned Parenthood 90 miles (145 kilometers) away in Frederick. That facility provides medication abortion only.

    A closer clinic in Hagerstown is open for abortions during limited hours a few times a month. It provides first-trimester abortions only but does not accept Maryland Medicaid — a barrier to low-income patients, Quiñonez said. Otherwise, patients must travel more than 100 miles (161 kilometers) to Pittsburgh or even further, to Baltimore or Washington, D.C.

    Renovations started last week on the Cumberland clinic — crews were installing new medical equipment and signage, deep cleaning, applying fresh paint, replacing floors and patching drywall.

    The cost for the facility, licensing and renovations is roughly $1.17 million. First-year operating costs — to include payroll, building operations — are projected to be around $763,000. Both the West Virginia and Maryland clinics are funded by donations, foundations and organizations in support of expanding abortion access in the U.S.

    The Women’s Health Center of Maryland will have its own finances and, eventually, state-based board of directors. The Women’s Health Center of West Virginia’s directors will act as the board while the organization recruits new, locally-based members.

    “Folks have always needed abortions — since the beginning of time,” Quiñonez said. “And they will always need abortions until the end of time. We are going to keep fighting to get every patient the care they need.”

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  • West Virginia town still rebuilding 7 years after devastating flood

    West Virginia town still rebuilding 7 years after devastating flood

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    West Virginia town still rebuilding 7 years after devastating flood – CBS News


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    White Sulpher Springs, West Virginia, has hosted 28 U.S. presidents and British royalty, thanks in part to its famous Greenbrier resort. But a 1,000-year flood in 2016 killed 13 people and nearly wiped the town off the map. Scott MacFarlane takes a look at how the town is recovering seven years later.

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  • Biden issues first veto, taking on new Republican House

    Biden issues first veto, taking on new Republican House

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    WASHINGTON (AP) — President Joe Biden issued the first veto of his presidency Monday in an early sign of shifting White House relations with the new Congress since Republicans took control of the House in January — a move that serves as a prelude to bigger battles with GOP lawmakers on government spending and the nation’s debt limit.

    Biden sought to kill a Republican-authored measure that would ban the government from considering environmental impacts or potential lawsuits when making investment decisions for people’s retirement plans. In a video released by the White House, Biden said he vetoed the measure because it “put at risk the retirement savings of individuals across the country.”

    His first veto represents a more confrontational approach at the midway of Biden’s term in office, as he faces a GOP-controlled House that is eager to undo parts of his policy legacy and investigate his administration and his family. Complicating matters for Biden, several Democratic senators are up for re-election next year in conservative states, giving them political incentive to put some distance between them and the White House.

    The measure vetoed by Biden would have effectively reinstated a Trump-era ban on federal managers of retirement plans considering factors such as climate change, social impacts or pending lawsuits when making investment choices.

    The veto could also help calm some anger from environmentalists who have been upset with the Biden administration for its recent decision to greenlight the Willow oil project, a massive and contentious drilling project in Alaska.

    “The president vetoed the bill because it jeopardizes the hard-earned life savings of cops, firefighters, teachers, and other workers,” White House spokesperson Robyn Patterson said.

    But critics say so-called environmental, social and governance investments allocate money based on political agendas, such as a drive against climate change, rather than on earning the best returns for savers. Republicans in Congress who pushed the measure said environmental or social considerations in investments by the government are just another example of being “woke.”

    “In his first veto, Biden just sided with woke Wall Street over workers,” House Speaker Kevin McCarthy, R-Calif., tweeted on Monday. “Tells you exactly where his priorities lie.” He said “it’s clear Biden wants Wall Street to use your retirement savings to fund his far-left political causes.”

    Biden’s veto is likely to prevail. Just three Democrats in Congress — one in the House, and two in the Senate — supported Republicans in the matter, making it unlikely a two-thirds majority in both chambers could be assembled to overcome Biden’s veto.

    Rep. Jared Golden, D-Maine, was the sole Democrat to back the resolution in the House, while Sens. Jon Tester, D-Mont., and Joe Manchin, D-W.Va., supported it in the Senate. Golden is a perennial target of Republicans seeking to oust him from his conservative district, while Tester and Manchin are both up for re-election next year.

    “This administration continues to prioritize their radical policy agenda over the economic, energy and national security needs of our country, and it is absolutely infuriating,” Manchin said in a statement.

    Though Biden swiftly vetoed the investment resolution, other measures coming from Capitol Hill in the weeks and months ahead could be a tougher call for the White House.

    The administration initially signaled that Biden would reject a Republican-authored measure that would override a crime measure passed by the District of Columbia Council, but the president later said he would sign it and did so Monday. He also signed a bill directing the federal government to declassify intelligence related to the origins of COVID-19.

    Biden’s immediate predecessor, Donald Trump, vetoed 10 bills during his term in office, while Barack Obama vetoed 12, according to the the American Presidency Project at the University of California, Santa Barbara. Both had one of their vetoes overridden by Congress.

    The president with the most vetoes was Franklin Delano Roosevelt — who was elected to four terms before a constitutional amendment limited all presidents to two — with 635 vetoes. Six U.S. presidents never vetoed any legislation in office.

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  • In rift with Biden, Manchin vows to block oil, gas nominee

    In rift with Biden, Manchin vows to block oil, gas nominee

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    WASHINGTON (AP) — In a sign of a deepening rift among Democrats on energy issues, conservative Democratic Sen. Joe Manchin says he will not move forward on President Joe Biden’s nominee to oversee oil and gas leasing at the Interior Department.

    Manchin, of West Virginia, chairs the Senate Energy and Natural Resources Committee and has great influence on energy and environmental issues in the closely divided Senate. In an op-ed Friday, he cited a leaked memo signed by nominee Laura Daniel-Davis that proposed charging oil companies higher rates for drilling off the Alaska coast.

    Manchin said the higher rates backed by Daniel-Davis for the proposed drilling project in Alaska’s Cook Inlet “were explicitly designed to decrease fossil energy production at the expense of our energy security.″

    Even though he had supported Daniel-Davis in the past, “I cannot, in good conscience, support her or anyone else who will play partisan politics and agree with this misguided and dangerous manipulation of the law,″ Manchin wrote in the Houston Chronicle.

    The dispute over Daniel-Davis’s nomination comes as the Biden administration nears a decision on a major oil project in Alaska that many environmental groups say would be a blight on Biden’s climate legacy.

    Climate activists are outraged that Biden appears open to the huge Willow project on Alaska’s North Slope, which they call a “carbon bomb” that would break his campaign pledge to curtail oil drilling on public lands and waters.

    Approval of the project would risk alienating young voters who have urged stronger climate action by the White House as Biden approaches a 2024 reelection campaign.

    At the same time, Alaska Native leaders with ties to the petroleum-rich North Slope support ConocoPhillips Alaska’s proposal. They say the Willow Project would bring much-needed jobs and billions of dollars in taxes and mitigation funds to the vast, snow- and ice-covered region nearly 600 miles (965 kilometers) from Anchorage.

    Alaska’s bipartisan congressional delegation, Republican Gov. Mike Dunleavy and state lawmakers also support the project.

    Daniel-Davis, who currently serves as Interior’s principal deputy assistant secretary for lands and minerals management, would not directly decide the fate of the Willow project, but Manchin and Alaska’s two Republican senators have criticized what they consider her lukewarm support for oil drilling on public lands and water. Daniel-Davis oversees Interior’s Bureau of Land Management, Bureau of Ocean Energy Management, Bureau of Safety and Environmental Enforcement and Office of Surface Mining Reclamation and Enforcement.

    She was first nominated for the assistant secretary position nearly two years ago, but her bid has stalled because of the concerns of Manchin and Senate Republicans. Biden renominated her for the post in January.

    In a statement Friday, the White House said Biden “nominated Laura Daniel-Davis because she has worked to conserve public lands, protect wildlife and address climate change for three decades, while prioritizing a collaborative and partnership-based approach. She is well-qualified for this position and we look forward to her moving forward in the confirmation process.″

    Melissa Schwartz, a spokeswoman for Interior Secretary Deb Haaland, said Interior was “very disappointed” to learn of Manchin’s opposition to Daniel-Davis after he supported her during two committee hearings and votes over the past two years.

    “Laura Daniel-Davis has served this administration, as she has two others, with a dedication that we should aspire to see in every public servant,″ Schwartz said in an email. “She will continue to lead this portfolio at Interior and implement President Biden’s direction, stated consistently and clearly since Day One, with respect to carefully balancing the role that public lands and waters play as we face the climate crisis.”

    Daniel-Davis is one of several Biden nominees whom Manchin has opposed. Another is Gigi Sohn, who withdrew her nomination to the Federal Communications Commission after Manchin opposed her.

    Manchin also voted against Daniel Werfel’s nomination to lead the Internal Revenue Service. Werfel was confirmed Thursday with support from several Republicans.

    Wyoming Sen. John Barrasso, the top Republican on the energy panel, hailed Manchin’s latest announcement. “Laura Daniel-Davis has done everything she can to undermine American energy production. As I have said before, her nomination should be withdrawn,″ Barrasso tweeted.

    But Jennifer Rokala, executive director of the liberal Center for Western Priorities, called Manchin’s “flip-flop” on Daniel-Davis “baffling, hypocritical and short-sighted.″ Daniel-Davis will continue to oversee oil and gas leasing in her current role, “with or without Manchin’s support for a promotion,″ Rokala said. “But now the White House and Interior Department have no reason to keep catering to Manchin’s whims.″

    In his op-ed, Manchin sharply criticized the Biden administration’s implementation of the Inflation Reduction Act, or IRA, a key climate, tax and health care bill that Manchin helped craft.

    “While the Biden administration has continued to play political games and incorrectly frame the IRA as a climate change legislation, the truth is that the IRA is about securing America’s energy independence for the coming century,″ Manchin wrote.

    “The Biden administration continues to ignore congressional intent on critical components of the IRA … to illogically advance a partisan climate agenda and appease radical activists,″ Manchin added. He said the Interior and Treasury departments “have explicitly and unabashedly violated the letter of the law … in an effort to elevate climate goals above the energy and national security of this nation.”

    Manchin has repeatedly slammed Treasury for issuing guidelines that allow car makers in Europe and Asia to bypass requirements that significant portions of electric-vehicle batteries be produced in North America.

    “This is wrong and it must stop,″ Manchin wrote.

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  • Anxiety, fear fill West Virginia transgender-health clinic

    Anxiety, fear fill West Virginia transgender-health clinic

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    MORGANTOWN, W.Va. (AP) — The tiny clinic where physicians prescribe hormones and other medications to transgender teenagers shares the same campus where West Virginia kids travel to receive treatments for rare cancer, heart surgery and other health care difficult to get anywhere else.

    In a rural state purported to have the highest number of transgender youths per capita and some of the nation’s worst health outcomes, West Virginia University Medicine doctors say transgender health care is just as essential as the other lifesaving services they provide.

    But it could soon be banned. Ignoring doctors’ pleas, lawmakers are preparing to vote this week on a bill that would outlaw certain health care for transgender minors, including hormone therapy and fully reversible medication that suspends the physical changes of puberty, buying patients and parents time to make future decisions about hormones.

    “There’s a lot of anxiety and fear in our exam rooms right now,” said Dr. Kacie Kidd, medical director of WVU Medicine Children’s Adolescent Gender and Sexual Development Clinic.

    State lawmakers and West Virginia’s largest health care provider are at odds over how and when to treat adolescents with gender dysphoria — the severe psychological distress experienced by those whose gender identity differs from their sex assigned at birth.

    WVU’s classification among the highest level of American research universities is often lauded by the same state leaders who have been unwilling to listen to experts when it comes to gender-affirming care. During a meeting last week at which Kidd testified before lawmakers, Senate Finance chair Eric Tarr described the treatments as “child abuse.”

    “I was caught off guard to see that WVU Medicine has a clinic to change the sex of children in West Virginia,” the Republican said, leading a charge to reject amendments that would have allowed some care to continue. Two physicians on the committee — both Republicans — expressed concern, saying “medically uneducated” people shouldn’t be making such decisions.

    Lawmakers in West Virginia and other states advancing similar legislation often characterize gender-affirming treatments as medically unproven, potentially dangerous in the long term and a symptom of “woke” culture.

    Yet every major medical organization, including the American Medical Association, the American Academy of Pediatrics and the American Psychiatric Association, supports gender-affirming care for youths.

    The legislation in West Virginia also includes a ban on gender-affirming surgery for minors, something medical professionals emphasize does not happen in the state.

    Lia Farrell, a WVU medical student from New York, said it was clear to her that lawmakers have “no idea what providing this care actually entails.”

    “It’s really cutting off your nose to spite your face,” she said. “This isn’t going to accomplish anything except harming people and preventing us from doing our jobs.”

    Opened in 2021, WVU Medicine Children’s Adolescent Gender and Sexual Development Clinic looks like any other health care setting — animal-shaped stickers cover the walls, examination rooms, machines to check blood pressure and heart rates. But providers wear lanyards with colorful buttons displaying pronouns and jackets decorated with a rainbow heart and stethoscope — something Kidd calls “visible reminders” of support.

    Some families travel for hours on mountain roads to meet with providers, including therapists. While they talk, young people draw to calm their nerves. Kidd has several patients’ creations displayed in her workspace, including one favorite, a unicorn.

    A West Virginia native, Kidd was training to be a pediatrician at WVU when she began meeting transgender kids hospitalized after suicide attempts.

    Patients have described gender dysphoria to her as a profound, deeply rooted frustration — even sometimes anger — that the person in the mirror “isn’t who they are.”

    “I’ve had young people tell me that they can’t imagine a future where they can be happy,” she said. “That’s one of the most heartbreaking things I ever hear.”

    Dakota Kai, 17, spent childhood in and out of psychiatric care because of depression and anxiety related to gender dysphoria.

    Kai said the testosterone gel they apply to their shoulders, which has caused their voice to deepen and facial hair to sprout, has saved their life.

    “It’s literally going to kill people if they can’t access this care,” Kai said. “It’s difficult to try to exist in a place where it’s threatening just being yourself.”

    Kai is now planning to start college this year and eventually become a cardiovascular surgeon.

    Kai’s mother, Sherry, said she was apprehensive at first about hormone therapy. But after conversations with providers, she and her child confidently decided to pursue it and have no regrets. Transgender minors can’t begin medical interventions without parental consent.

    “The amount of ignorance about the subject is honestly astounding,” she said. “Watching our society respond with such emotional fervor about something that they obviously logically don’t understand is terrifying.”

    She said nothing about the care is pushed on patients, “lightly talked about or treated as if it’s no big deal.”

    “They are not trying to play God,” Sherry said. “They’re out there trying to perform a service of helping people, and because of science and because of time and because of studying the concept of being trans are able to say, ‘This is not fictitious or just a whim. This is a scientific, medical fact.’”

    As the ban advances through the Legislature, Kidd’s staff works late in the clinic, leaving long after dark to fit in appointments with frantic families.

    “It is heartbreaking,” Kidd said, “to have to tell young people and families that we can’t provide the care that they need.”

    This week, providers saw a 12-year-old patient, a transgender girl whose relatives said they’d known her identity since she was 3. She expressed distress about her voice deepening or growing hair on her underarms and face — concern about her body betraying her, of not being seen for who she is.

    They talked through options, which included puberty-blocking medication lawmakers seek to ban — a fully reversible pause on puberty that provides significant relief for dysphoria.

    Another was a 16-year-old patient who was hospitalized for the most recent time last year. When he came in, he couldn’t speak at all. His parents were terrified.

    But on this visit, he chattered happily about a new pet and a video game he couldn’t put down.

    “It’s such a joy, a year later for this particular patient, for this conversation to be profoundly different,” Kidd said.

    Other children talked with therapists about anxiety over a school dance or asked for help on plans to talk to relatives about their gender identity. No medical interventions are provided to patients before the age of puberty.

    El Didden, a WVU medical student who worked in the clinic as a researcher, said the providers are role models for “going above and beyond and acting like it’s the bare minimum.”

    Didden, who is transgender, started hormone therapy the summer before starting medical school, when only a Planned Parenthood clinic was offering the service in the state. It inspires Didden as a future physician to see compassionate health care for people “who don’t normally get that level of respect and care.”

    Kidd’s catchphrase for the clinic is “happy, healthy, thriving.” Didden wishes lawmakers understood.

    “They think that in the choice between having a trans kid and having a dead kid, they prefer to have a dead kid,” Didden said, something that is “just existentially horrifying to think about.”

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  • 3 Injured In Fiery Train Derailment Caused By Rockslide

    3 Injured In Fiery Train Derailment Caused By Rockslide

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    SANDSTONE, W.Va. (AP) — An empty coal train hit a rockslide along tracks in West Virginia on Wednesday morning, causing a fiery derailment that injured three crewmembers, CSX Transportation said in a statement.

    Four locomotives and 22 empty cars derailed in Summers County near the New River, CSX said. The lead locomotive, which carried a conductor, an engineer and an engineer trainee, caught fire and the crewmembers were being evaluated and treated for non-life threatening injuries, the company said.

    Smoke fills the sky after an empty CSX coal train hit a rockslide along tracks causing a fiery derailment on March 8, 2023, in a remote area just south of Sandstone, W.Va. Four locomotives and 22 empty cars derailed in Summers County near the New River, CSX said. The lead locomotive, which carried a conductor, an engineer and an engineer trainee, caught fire and the crewmembers were being evaluated and treated for non-life threatening injuries, the company said.

    Jenny Harnish/The Register-Herald via AP

    CSX said an unoccupied locomotive was partially in the waterway where an unknown amount of diesel fuel and oil spilled, officials said. Environmental teams were deploying containment measures.

    The derailment occurred in a remote area just south of Sandstone inside the New River National Park and Preserve, according to a statement from the West Virginia Emergency Management Division. Several state agencies are monitoring the situation and said public water systems downstream have been notified and are monitoring for any potential public health impacts.

    No hazardous materials were being transported and there was no danger to the public, CSX said.

    The company said employee and community safety was a top priority as it sends teams to assess the situation and develop a recovery plan.

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  • CSX freight train derails after striking rockslide in West Virginia, injuring 3 and spilling diesel into river | CNN

    CSX freight train derails after striking rockslide in West Virginia, injuring 3 and spilling diesel into river | CNN

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    CNN
     — 

    A CSX freight train derailed Wednesday morning after striking a rockslide in a remote area of West Virginia, injuring three crew members and spilling diesel fuel into a nearby river, according to a company press release.

    The three crew members were in the locomotive, which caught fire after the derailment, and are being treated for non-life threatening injuries, CSX said. Two were airlifted and the third was taken to the hospital in an ambulance, a Summers County Office of Emergency Management dispatcher told CNN.

    Diesel fuel and oil spilled into the New River, and containment measures will be deployed, CSX said. The company also noted that the coal train was empty and was not transporting hazardous materials. CSX spokesperson Sheriee Bowman told CNN that 22 empty rail cars derailed.

    “The incident posed no danger to the public,” the CSX release said.

    The Federal Rail Administration says it’s actively monitoring the derailment and said that the fire has been extinguished. The administration said the derailment occurred on an Amtrak route, so residual delays may be expected.

    At least one locomotive and one fuel tank went into the New River, the West Virginia Emergency Management Division said. The division said the derailment occurred in a remote area south of Sandstone inside the New River Gorge National Park and Preserve, which in 2021 became America’s 63rd national park.

    The derailment comes about a month after a Norfolk Southern freight train carrying hazardous materials derailed and caught fire near East Palestine, Ohio, releasing potentially dangerous chemicals into the air and water. The incident has spurred bipartisan political efforts to prevent future incidents.

    CSX owns 12 feet from the middle of the train track to either side and is responsible for cleanup, the division said, adding praise for the early efforts of the company and first responders.

    “I’d like to commend the response agencies and CSX for their quick and efficient response,” said Summers County Emergency Manager Steve Lipscomb. “All the agencies worked as a team to provide prompt medical aid and transportation to the injured.”

    No roads are closed and there have been no evacuations of nearby homes, the division said.

    Chief Deputy Tim Adkins of the Summers County Sheriff’s Department said they received a call around 5 a.m. Wednesday about the derailment at a “pretty remote stretch of railway.” There was “extensive damage” to the train but no damage to outside property and no roads were blocked, he said.

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  • Florida, West Virginia and Missouri withdraw from bipartisan effort aimed at maintaining accurate voter rolls | CNN Politics

    Florida, West Virginia and Missouri withdraw from bipartisan effort aimed at maintaining accurate voter rolls | CNN Politics

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    CNN
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    Florida, West Virginia and Missouri withdrew on Monday from the Electronic Registration Information Center, the bipartisan multi-state partnership aimed at helping states maintain accurate voter rolls.

    ERIC is a nonprofit system that helps participating states keep their registration rolls accurate and up to date by analyzing voter data and sharing reports with members, in order for them to update their voter rolls, remove ineligible voters and investigate potential voter fraud.

    “ERIC will follow our Bylaws and Membership Agreement regarding any member’s request to resign membership,” Shane Hamlin, the group’s executive director, said in a statement in response to Monday’s withdrawals. We will continue our work on behalf of our remaining member states in improving the accuracy of America’s voter rolls and increasing access to voter registration for all eligible citizens.”

    The three states join Alabama and Louisiana, who have previously retreated from the partnership.

    The GOP-led states’ withdrawals are coming amid conspiracy theories that blame the system for voter fraud, despite there being no evidence of widespread voter fraud in the 2020 and 2022 elections.

    Hamlin released an open letter last week addressing “recent misinformation spreading” about the group.

    “ERIC is never connected to any state’s voter registration system. Members retain complete control over their voter rolls and they use the reports we provide in ways that comply with federal and state laws,” Hamlin stated.

    According to Florida’s secretary of state, Monday’s decision was due to “concerns about data privacy and blatant partisanship.”

    “As Secretary of State, I have an obligation to protect the personal information of Florida’s citizens, which the ERIC agreement requires us to share,” Republican Cord Byrd said in a news release. “Florida has tried to back reforms to increase protections, but these protections were refused. Therefore, we have lost confidence in ERIC.”

    But when Florida first joined ERIC in 2019, Florida Gov. Ron DeSantis touted the partnership as the “right thing to do” and claimed it would ensure “voter rolls are up-to-date and it will increase voter participation” in Florida elections.

    More recently, the Republican governor expressed a positive note about the abilities of ERIC last August for his own political agenda, when he announced the arrest of 20 ex-felons for voting illegally in the 2020 election.

    “If you actually vote in both places in a primary or in a general election, we have the ability to match those records through the ERIC system for most states now,” DeSantis said at the time.

    Brad Ashwell, Florida state director of All Voting is Local, said DeSantis is “caving into pressure by election deniers” and the governor has had “a persistent pattern of reacting to conspiracy theorists and making expensive decisions that impact our election system in negative ways.”

    “Things are just either not an issue, that are a standard part of the election process or things that really aren’t a problem getting politicized and blown out of proportion into this large threat, and it’s not productive. It doesn’t help voters and will lead to additional costs,” Ashwell said.

    In a letter addressed to Hamlin on Monday, Missouri Secretary of State John Ashcroft listed reasons for his decision claiming ERIC “refuses to require member states to participate in addressing multi-state voter fraud” and “unnecessarily restricts how Missouri utilizes data reports.”

    The withdrawals follow an ERIC Board of Directors meeting last month in Washington, DC. West Virginia’s secretary of state’s office said in a news release that the meeting was to “to consider changes to the bylaws and membership agreement recommended by a bi-partisan working group of several member states.”

    “After a last-second change to the agenda and disjointed discussions interrupted numerous times by non-voting, non-dues-paying individuals, the ERIC Board rejected critical working group recommended changes that would have prevented third-party influences from serving as non-state ex officio members to the ERIC Board of Directors,” the release stated.

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  • West Virginia brothers who brought bats to the US Capitol on January 6 sentenced | CNN Politics

    West Virginia brothers who brought bats to the US Capitol on January 6 sentenced | CNN Politics

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    CNN
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    Two West Virginia brothers who brought bats to the US Capitol on January 6, 2021, were sentenced Thursday by a federal judge in Washington, DC.

    Eric Cramer, 43, who pleaded guilty to disorderly conduct in a restricted area and tried to grab a baton from a police officer, was sentenced to eight months in prison. His brother, Country Cramer, 38 – who entered the Capitol for two minutes on January 6 – was sentenced to 45 days of home detention after pleading guilty to unlawfully parading or picketing.

    The brothers traveled together to DC to support members of Congress who were contesting the certification of the 2020 Electoral College vote in several states, according to their plea agreement.

    While at the Capitol, Eric Cramer – wearing a gas mask throughout the day and carrying with him a baseball bat – grabbed an officer’s baton and attempted to pull it from his hands before another officer came forward and Cramer backed away, the judge said during the hearing.

    Eric Cramer posted a photo on Facebook of a police baton which, he wrote, he took “from the cop that hit me with it … so I guess that’s my trophy,” according to court documents.

    Judge Randolph Moss told Eric Cramer the Justice Department could have charged him with a felony for interfering with law enforcement officers and that the baseball bat – though there is no evidence it was ever used as a weapon – concerned him greatly.

    Someone carrying a baseball bat, Moss said, was likely “engaging in threatening behavior unless they’re walking up to the plate.”

    “It is just more and more disturbing the more I see,” Moss said of the Capitol attack. “It was one of the most regrettable days in our country.”

    Before being sentenced, Eric Cramer apologized for his actions and said he understood how the bat could be seen as threatening, adding that he only brought it for protection after seeing how violent some protests had become over the previous year.

    “I know in my heart though that I was not there for negative anything,” Eric Cramer told the judge.

    According to investigators, the FBI received a tip from a classmate of Eric Cramer’s daughter, after she posted a photo of Cramer’s Facebook post bragging about the baton. “MY DAD YALL,” his daughter allegedly wrote, adding a rock-and-roll emoji along with one of an American flag.

    Prosecutors did not mention the baton during the sentencing Thursday and the plea agreement does not say whether the baton in the photo was stolen from an officer.

    Country Cramer brought a miniature baseball bat with him, which he told the judge he kept in his backpack while on Capitol grounds.

    Country Cramer told the judge, “Had I known how the day would have turned out on the 6th, I would have never of came.” He said he brought the small bat and wore a helmet because he expected to walk back to their car in the dark that night and “that can be a little scary” – citing past violent protests.

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  • Key senators torn over retirement decisions as party leaders try to fortify 2024 standing | CNN Politics

    Key senators torn over retirement decisions as party leaders try to fortify 2024 standing | CNN Politics

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    CNN
     — 

    Sen. Joe Manchin, torn over whether to run for reelection, says he’s “given everything I possibly can” over four decades of holding public office. Sen. Jon Tester is close to making his final decision on a 2024 bid and concedes there’s a risk of his seat flipping next year.

    “It’s a commitment,” the Montana Democrat said of another run.

    They’re not the only ones in a tough spot.

    Sen. Bob Casey, a Pennsylvania Democrat, is weighing health considerations after treatment for prostate cancer. Sen. Bernie Sanders, 81, says he’ll make a decision about whether to run for a fourth Senate term in Vermont “at the appropriate time.”

    And Sen. Mitt Romney, a Utah Republican who has gone to battle with former President Donald Trump, says he’ll decide whether to run for a second term by mid-April, sounding ready to take on his party’s MAGA wing if he runs again.

    “People understand that every action has a consequence, and you accept the consequences for the actions that you think are right,” Romney, 75, said of potentially facing a stiff challenge from the right. He then added bullishly: “If I run, I’ll win.”

    As the 2024 landscape begins to take shape, the senators’ decisions about their political futures will dramatically alter the map and hold major ramifications for the makeup of the institution itself.

    For Democrats, the concern is the most acute. They already have a difficult road to maintain their slim 51-49 majority, with 23 seats to defend compared to just 11 for the GOP.

    Plus they’ll have to hold onto Democratic seats in GOP terrain, such as in Ohio, Pennsylvania and West Virginia – not to mention keep their seats in swing states like Pennsylvania, Wisconsin, Michigan and Nevada. The map provides them with scant pickup opportunities, since Republican incumbents are mostly running in ruby-red states or states that have trended to the GOP, like Florida.

    Then there’s the complicated dance for both parties in Arizona, if Sen. Kyrsten Sinema, now an independent, decides to run again for a seat that would put her up against a Republican and Democrat in a messy, three-way race. For Republicans, fear is growing that the hard-right Kari Lake may mount a bid and put their hopes for a pickup in jeopardy.

    And with few pickup chances, Senate Democrats recognize they’ll have to limit losses – and prevent retirements – in order to cling to power.

    “I’m doing everything I can to help Manchin in West Virginia,” Senate Majority Leader Chuck Schumer told CNN when asked if he were concerned that the conservative Democrat might hang it up, referring to legislative actions.

    After Michigan Sen. Debbie Stabenow announced she’d retire, Schumer and his top deputies are hoping to prevent others from following suit, recognizing that an open seat would give Republicans an even better chance of seizing control of the chamber they lost in the 2020 elections. The exception is California, where the 89-year-old Dianne Feinstein announced her retirement this week, something widely expected, as Democrats are expected to keep the seat in their control in the blue state.

    In particular, Democratic leaders are urging Tester and Manchin to run again, knowing full well that finding another Democrat to win in those conservative battlegrounds will be an extremely tall order in 2024.

    “Clearly, it’s important for them to run,” said Sen. Gary Peters, a Michigan Democrat who chairs the Senate Democratic campaign arm, when asked about Tester and Manchin. “I don’t know where they are. I’ve talked to them, but they’re just working through issues, personal issues for themselves as to what they want to do. So we just have to give them time to think that through and I look forward to their answers.”

    Peters acknowledged that his party’s effort to keep the Senate will grow bleaker if either or both men retire.

    “Those are states that are very Republican,” Peters told CNN, referring to Montana and West Virginia. “And I know they can win again, but they’re without question the strongest candidates in those states. It’d be more difficult without them running.”

    Democrats acknowledge they have close to no backup plans in Montana or West Virginia. But they have been heartened by the polls that are being released publicly by Republican groups in those states, showing their numbers have been better than expected – and perhaps encouraging – for the incumbents.

    But neither Manchin nor Tester seem concerned that the seat could turn red if they retire.

    “That’s not my factor,” Manchin said in the interview. “I’m not weighing that because of my, what it might do to the numbers as far as up here. No, I’ve been at this for quite some time. This term being up, there’ll be 42 years I’ve been in public service so I’ve given everything I possibly can.”

    Several Democratic operatives involved in planning for Senate races tell CNN they expect that ultimately, Tester will run and that Casey will as well after his successful surgery this week. Manchin has them more on edge, and they anticipate that’s how they’ll remain for almost a year: the West Virginia filing deadline isn’t until next January.

    That, after all, is what he did in 2018.

    Manchin, a former governor and state legislator who has served in the Senate since 2010, insists he’s not concerned about the prospects that the GOP governor, Jim Justice, is strongly considering a run against him, though Justice would have to escape a difficult primary against Rep. Alex Mooney and potentially the state’s attorney general, Patrick Morrisey, who may run as well. He has acknowledged that Justice would be the toughest candidate to face, though he insists he could still pull off a victory.

    Manchin, 75, just doesn’t know if he wants to do it again as he looks back at the last several years – especially in the 50-50 Senate in the last Congress where he was at the peak of his power in the chamber and played a central role shaping major laws. The question Manchin is weighing: whether he’ll have the same kind of impact with another six years.

    “I make a decision based on if I’ve been able to deliver for the state, have I been able to support the Constitution and the oath I’ve taken, I think I have,” Manchin said, confirming he’s been urged by Biden and Schumer both to run. “Is there more I can do in different, other areas? I don’t know.”

    Tester, who also said Schumer has been urging him to run, conceded that his seat could flip if he bows out.

    “Oh, absolutely there’s a risk of flipping there’s no doubt about that but so are all of them,” Tester said.

    But he contended other Democrats could mount a vigorous challenge for the seat.

    “Actually, we’ve got some really good folks in the wings that can run,” Tester, 66, said before he noted that things have gotten dire for Democrats in recent cycles. “We haven’t had the best of luck the last few cycles in Montana but I think that’s as much self-inflicted as it is the state turning red.”

    But Tester pointed to key positions he holds – chairing a subcommittee on Pentagon spending and running the veterans panel – as he weighs another run.

    “I’m at a point and time where we can get a lot of good things done because of my position on Veterans Affairs and defense chairman but it’s just something where I think you just need to take the time to think over,” he said.

    Yet Democrats could benefit from a potentially divisive GOP primary in Montana – with the possibility of candidacies from two House members, the governor and the state attorney general. That will put the other Montana senator, Republican Steve Daines, to the test as he plans to use his National Republican Senatorial Committee to be more assertive in GOP primaries to root out lackluster general election candidates, though it’s unclear how he would handle his home state.

    In an interview, Daines was noncommittal when asked about one candidate in particular – Rep. Matt Rosendale – a hard-right Republican who lost to Tester in 2018 and is considering running again. He said “it’s early” since candidates have yet to declare and that the field will get “sorted out,” contending the race is “winnable.”

    “These are three red states where the only statewide elected official left that’s a Democrat is a US Senator. That’s Montana, it’s West Virginia, it’s Ohio,” Daines said. “These are going to be spirited races.”

    And after last cycle’s GOP debacle, where several Donald Trump-aligned candidates petered out in the general election and effectively cost them winning the majority, Senate GOP Leader Mitch McConnell is determined not to allow that to happen again.

    “I just think we need to focus on candidates who can win in the general election,” said Sen. John Cornyn, a Republican from Texas and close McConnell ally. “We had some great primary candidates, but that won’t get the job done. You got to have somebody who can have a broader appeal than just the base. That was one of the most important lessons of this last cycle.”

    Democratic Rep. Ruben Gallego, at left, is challenging Sinema, at right, for her US Senate seat in 2024.

    Senate leaders in both parties see Arizona as the biggest wildcard – depending on what Sinema decides to do and which Republican decides to run.

    Lake, the Trump-aligned Republican who lost one of the nation’s premier governor’s races last fall, recently met with officials at NRSC headquarters – even though many Republicans are nervous about her potential candidacy and one GOP strategist called the potential of a Lake Senate run “disastrous.”

    As she made the rounds in Washington, Daines told CNN that he spoke with Lake.

    “I want to see a candidate who can not only win a primary, but can win a general election,” Daines said when asked about that visit, not commenting on Lake directly.

    Other top Republicans are unnerved about Lake – and her evidence-free claims of widespread election fraud – and are pushing for other candidates to jump into the race.

    “I’ve just said to any of our candidates or potential candidates in 2024, that you got to talk about the future, not the past,” said Senate Minority Whip John Thune of South Dakota, the No. 2 Republican. “And I think if you’re building your campaign around the theme of a stolen election, that’s not a winning strategy. We’ve seen that. So if she does decide to do it again, I think she’s gonna have to talk about the things that are on the hearts and minds of American people.”

    Schumer and Democratic leaders, themselves, are in a bind in the state, refusing to say if they’ll back their party’s nominee with Sinema still undecided on a run. The reason: They need Sinema to continue to organize with them in order to maintain their 51-49 majority and are in no mood to alienate her.

    But some Democrats are angry at their leaders for refusing to say if they’ll back their nominee, especially backers of Rep. Ruben Gallego, the party’s leading candidate in the race.

    “At some point, they’re going to have to endorse a Democrat,” said Rep. Raul Grijalva, a fellow Arizona Democrat who backs Gallego, noting it would be “problematic” if party leaders didn’t dump huge resources to help their party’s nominee win a general election.

    “If they don’t, that would be an insult at many levels,” Grijavla said.

    While some Democrats are nervous that Gallego and Sinema would split the vote and give Republicans a victory, Gallego dismisses the possibility and says only a “strong Democrat” can win.

    “No matter what happens, Kyrsten Sinema is always going to be in third place,” Gallego said. “I also doubt she fully runs.”

    As she’s grown more alienated from her former party, Sinema has grown closer to Republicans, including one – Lisa Murkowski of Alaska – who told CNN she would endorse the senator if she ran again.

    “I absolutely support Sen. Sinema,” Murkowski said, noting she’s also backing Manchin. “She’s not afraid to take on hard things, and I’m gonna be supporting her too.”

    Sen. Debbie Stabenow of Michigan speaks to members of the media at the U.S. Capitol on August 03, 2022 in Washington, DC.

    Even in safe Democratic seats, there’s the potential for a shakeup that could bring more diversity and younger members into the ranks, including in Maryland and Delaware where Sens. Ben Cardin and Tom Carper, respectively, have not made a final decision to run yet.

    Cardin, 79, who hasn’t spent much time fundraising yet, said he would make his decision sometime in the spring, while Carper, 76, said he’d be ready to run but noted that campaigns are “way too long.”

    In Hawaii, Sen. Mazie Hirono said she plans to run again, as did Maine’s Angus King, an independent who caucuses with Democrats.

    “There’s only two ways to run: Scared or unopposed,” King said.

    In more contested states, Nevada’s Jacky Rosen said she is running, as did Ohio’s Sherrod Brown. And in Wisconsin, Sen. Tammy Baldwin said she’d make her announcement about her plans in the spring after upcoming elections in the state.

    In Texas, Sen. Ted Cruz has announced plans to run for a third Senate term, and Democrats are weighing whether to mount a serious effort to try to unseat him in the red state – with a focus on whether Democratic Rep. Colin Allred will try to mount an upset bid against the conservative senator.

    In Michigan, where Stabenow’s retirement is leaving Democrats with an open seat in a swing state, Rep. Elissa Slotkin is eying a run and could get some implicit help from the outgoing senator herself. Stabenow has spoken by phone with several prominent Michigan Democrats, and while some have perceived that as dissuading some weaker candidates from running, a Stabenow spokesperson says she’s just been giving everyone advice on the challenges of running statewide in Michigan and not trying to clear the field.

    Republican recruitment efforts in the state are also up in the air, with a push for newly elected Rep. John James, who has lost two previous bids for the Senate. If he passes, GOP leaders believe other contenders will emerge, potentially former Rep. Peter Meijer and even some current members of the House delegation or local officials.

    While several potential Democratic candidates have decided not to run, other political players in the state remain unsure about Slotkin’s statewide strength and have continued talking privately about finding an alternative.

    Given how much Democrats in the state rely on high turnout in heavily African-American Detroit, finding a candidate who could run strong there has been a major topic in those discussions. Lt. Gov. Garlin Gilchrist, who got his start in Detroit politics is “very seriously thinking about making a run” and is expected to make a decision over the next month, according to a person familiar with his thinking.

    Meanwhile, several Democrats in Michigan tell CNN they have been surprised by outreach they’re getting from “The Good Doctor” actor Hill Harper, whose political experience mostly relates to being Barack Obama’s law school roommate, but who owns a coffee shop in Detroit and has gotten involved with the local business community there. Harper did not return a request for comment.

    Stabenow said she’s not endorsing any candidate in the primary to replace her.

    “What I’m saying to folks is that I want somebody that is strong, effective, who can raise money, who can win,” Stabenow said. “But I’m talking to everybody.”

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  • More than half of U.S. states are moving to cut your taxes

    More than half of U.S. states are moving to cut your taxes

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    Even as the U.S. economy shows signs of slowing down, many states around the U.S. are flush with cash, with their so-called rainy day funds estimated to reach a record high of $136.8 billion this fiscal year. And lawmakers in more than half of states are responding to their new cash cushions with similar proposals: cutting taxes. 

    Twenty-seven states are weighing tax cuts this year, according to a recent analysis from the left-leaning Institute on Taxation and Economic Policy (ITEP), which termed the push “tax cut fever.” Some officials are considering totally eliminating their state income tax, including in Mississippi and Arkansas, while others are floating property tax cuts, among other ideas.

    The drive to cut state taxes has accelerated during the pandemic. During the past two years, dozens of states reduced their income tax rates or created new tax credits and rebates, partly as their coffers overflowed due to strong economic growth and billions in federal pandemic aid. Yet the latest round of tax cuts comes as the economy is showing signs of stress, raising questions about timing. 

    “Times are good now, but if there’s a downturn, what will their response be?”” said Richard Auxier, senior policy analyst at the Tax Policy Center who focuses on state and local tax policy. “Will it be cutting spending on education? And if it’s raising taxes, who will be impacted?”

    The current tax cut proposals range from small reductions in states’ income tax rates to getting rid of the individual income tax altogether, as Mississippi Governor Tate Reeves, a Republican who is running for reelection this year, has proposed.

    Other states are examining more targeted measures, such as exempting more retirement income from taxation — a move that would benefit older residents but potentially take away revenue that could be used for younger families, ITEP noted. 

    To be sure, some of these proposals are simply that: ideas floated by lawmakers and governors that may face a long path to becoming law. In some states, the tax cut plans are further along, such as in North Dakota, where lawmakers are weighing a bill that would eliminate the individual income tax for single filers making $44,725 or less and for married filers making $74,750 or less, according to the Bismarck Tribune.

    Tax cut rationale: The good, the bad and the ugly 

    State lawmakers say they are proposing tax cuts for a number of reasons: To make their states more economically competitive with others; to boost economic growth; or to boost taxpayers who are struggling with inflation. 

    But Auxier said voters should examine whether these tax strategies match up with lawmakers’ objectives, noting that the cuts might not actually accomplish their stated goals. 

    For instance, reductions in income tax rates are often portrayed as helping put money back into ordinary workers’ pockets. Yet in the 11 states that cut individual income tax rates in 2022, the biggest direct benefits were enjoyed by the highest-earning households, Auxier’s analysis found. 

    By comparison, lower- and middle-income households received only a modest or no benefit. The reason: Higher-income households pay the most in taxes, while some low-income households pay no taxes. That means a tax cut wouldn’t provide those individuals with any benefit.

    “If you say, ‘My goal is to give back money to the people who pay the most taxes,’ then the income tax cut works,” Auxier told CBS MoneyWatch. “I don’t like when they say, ‘I want to pass a tax cut for regular working class people’ — nope, it doesn’t work that way.”

    Some states weighing whether to scrap their income tax entirely say it will make them more attractive to businesses and households from other states. In Mississippi, Reeves said eliminating taxes would help the state — one of the poorest in the U.S. — “become more competitive economically with Texas, with Florida, with Tennessee.”

    Competitive taxation

    But Mississippi, which US News & World Reports ranks 50th on health care and 49th on its economy among all 50 states, may need far more than a tax cut to compete with Florida or Texas — which rank No. 8 and No. 9 in terms how well residents are doing — Auxier noted. 

    “I get really nervous when people in Mississippi and West Virginia start saying, ‘We have lot of problems, and I’m looking at Florida and Texas and they don’t have an income tax and they are doing great — that’s what we have to do’,” Auxier said. “If you think the only difference between Mississippi and West Virginia and Florida and Texas is income taxes, I don’t think you are doing enough research.”

    Businesses generally rank other issues higher than taxes when deciding where to locate, experts say. For instance, they’ll point to the need for a pool of qualified workers, good schools for their employees’ children and good roads and transportation to get employees to work.

    “Be careful before you eliminate your state’s ability to generate revenue,” Auxier noted.

    Targeted tax relief

    Other states are focusing their tax cuts on specific groups, such as 10 states that last year created or expanded a Child Tax Credit or Earned Income Tax Credit, which is geared toward low-income families. Some states this year are focusing on older residents, with tax reductions for retirement income, such as Vermont, Wisconsin and Minnesota

    These cuts are typically less fiscally costly than a wholesale reduction of the income tax rate, which makes them more affordable — and gives a state more fiscal flexibility in a downturn, Auxier added. 

    One example of tax cuts backfiring — the Kansas experiment of 2012. That year, lawmakers in the state slashed income tax rates on top earners by almost 30%, while some businesses had their taxes reduced to zero, under the theory that lower taxes would help spur economic growth. 

    But Kansas underperformed its neighboring states on an economic basis, according to the Center on Budget and Policy Priorities. And with less state revenue, Kansas was forced to cut spending on education and other services. Eventually, the tax cuts were reversed by lawmakers. 

    Here are the 27 states where lawmakers or their governors are considering tax cuts in 2023.

    Arkansas

    Newly inaugurated Governor Sarah Huckabee Sanders, a Republican, is pledging to eliminate the state’s individual income tax, although she said she will start with tax cuts. Her rationale: “We will no longer surrender our jobs, our talent, our businesses and our economic might to states like Tennessee and Texas that have no income tax.”

    “I will work with lawmakers to pass an income tax cut this year – and we must keep cutting it, no matter how long it takes, until we eventually wipe the income tax off the books,” Sanders said in her January inauguration speech.

    Arkansas’ economy ranks 41st out of the 50 states, according to U.S. News & World Report.

    Colorado

    Governor Jared Polis, a Democrat, is pushing for $200 million in property tax relief this year, according to the Colorado Sun. That comes after voters last fall approved a cut that reduced the state’s flat income tax rate to 4.4% from 4.55%.

    Connecticut 

    The state has a 3% personal income tax on the first $10,000 of earnings for single workers (and up to $20,000 for married filers), and a 5% rate for income up to $50,000 for single taxpayers and $100,000 for married filers. Governor Ned Lamont, a Democrat, is proposing cutting those rates to 2% and 4.5%, respectively, starting in 2024. 

    Georgia

    Governor Brian Kemp, a Republican, wants to give $1 billion in income tax rebates to residents, which he describes as inflation relief, according to WSB-TV. He’s also proposing an additional $1 billion in property tax relief grants. 

    Idaho

    Idaho, which last year lowered its personal and corporate tax rate and created a tax rebate of $300 per person, wants to provide more relief in 2023, Governor Brad Little, a Republican, said in his 2023 state address. Little is pledging $120 million in property tax relief this year.

    Indiana

    Lawmakers in the state say they want to prioritize property tax cuts in 2023, as well as potentially cut individual tax rates even further, according to WISH-TV. That would come after the state approved lowering its personal income tax rate from 3.23% to 2.9% over seven years.

    Iowa 

    Lawmakers are focusing on lowering property taxes in 2023 after Governor Kim Reynolds signed a law last year to introduce a flat tax of 3.9% and eliminate brackets for higher-income residents.

    “So I think what you’re going to see us looking at this year is more of, how do we help bring down some of these levies, but at the same time, how do we make sure that there’s a level of accountability so Iowans see this property tax relief?” said Pat Grassley, the Republican House speaker, according to The Gazette.

    Kansas 

    Both Democrats and Republicans in Kansas want to provide more tax cuts in 2023, although they disagree about how to go about it, according to the Kansas City Star. 

    Kansas Governor Laura Kelly, a Democrat, wants to eliminate sales taxes on food, diapers and feminine hygiene products as well as cut income taxes on Social Security, among other approaches. Meanwhile, Republican lawmakers are pushing to introduce a flat income tax rate for state residents.

    Kentucky

    Lawmakers have introduced a bill that would accelerate tax cuts and lower the individual income tax to 4.5% in 2023 and to 4% in 2024. Currently, the state’s tax rate is a flat 5%.

    Louisiana

    Some state lawmakers want to eliminate its personal income tax, with state Rep. Richard Nelson, a Republican, suggesting offsetting the loss of income taxes with changes to sales and property taxes. Louisiana’s graduated individual income tax now ranges from 1.85% to 4.25%, according to the Tax Foundation.

    “My concept is really you’re going to package those changes with eliminating income tax and some of these other non-competitive taxes,” Nelson said, according to BRProud.com.

    Michigan

    On February 3, Governor Gretchen Whitmer, a Democrat, and other Democratic state lawmakers proposed a set of tax cuts, including a $180 tax rebate for every tax filer, according to Click on Detroit.

    The plan would also eliminate a retirement tax of 4.25% and expand a match of the federal Earned Income Tax Credit, which is aimed at low- and middle-income families. 

    Minnesota 

    Lawmakers in Minnesota, one of only 12 states that taxes Social Security income, are proposing to eliminate the tax. That would impact more than 400,000 tax filers, who would see a tax reduction of $1,200, according to CBS Minnesota.

    Mississippi

    As mentioned above, Mississippi Governor Tate Reeves is seeking to eliminate the state’s personal income tax, which currently is a graduated tax ranging from 4% to 5%. 

    That would come after Reeves signed a law last year to reduce individual tax rates, with the 5% tax rate gradually declining to 4% for fiscal year 2026, according to the Clarion Ledger. 

    Missouri 

    Fresh off $800 million in tax cuts that were signed into law in 2022, Missouri House Speaker Dean Plocher, a Republican, said in January that the state’s $6 billion surplus should be used to send more money back to taxpayers. 

    Plocher didn’t provide specifics, but said he is interested in cutting income taxes and sales taxes, as well as making changes to property taxes, according to the Missouri Independent.

    Montana

    With a $2.5 billion surplus, state lawmakers are moving forward with a billion-dollar tax rebate that would send $1,250 in rebate checks to taxpayers. The bill would also green-light property tax rebates of $500 per homeowner, the Montana Free Press reported in January.

    However, Governor Greg Gianforte, a Republican, last month called for even bigger property tax rebates, at $2,000 per taxpayer. 

    “We want to provide Montana homeowners with $2,000 in property tax rebates over this year and next, and permanent, long-term income tax cuts,” he said at a January press conference.

    Nebraska

    Governor Jim Pillen, a Republican, and state lawmakers in January jointly proposed a number of bills that would reduce tax rates. For instance, one bill would cut its highest individual income tax rate form 6.64% now to 5.84% by tax year 2027.

    Another bill proposes exempting all Social Security income from taxation. Currently, the state exempts 60% of Social Security benefits from taxes. 

    New Mexico

    Governor Michelle Lujan Grisham, a Democrat, in January announced a plan to send tax rebates to residents. The legislation proposes making $750 payments to individual taxpayers or $1,500 for those filing jointly, with the goal of helping residents struggling with inflation.

    North Carolina

    Some lawmakers want to cut personal tax rates to compete with states without individual tax rates. Senate President Pro Tempore Phil Berger, a Republican, last month said he wants to cut the individual income tax rate to 2.5%, according to the Charlotte Business Journal.

    The state income tax rate is already getting a cut in 2023, thanks to earlier legislation. The tax rate this year is 4.75%, down from 4.99% previously, and it will decline to 3.99% in 2026.

    North Dakota 

    Lawmakers in North Dakota are weighing a proposal that could eliminate the individual income tax for low- and middle-income earners. People earning less than $44,725 and married filers earning less than $74,750 wouldn’t pay taxes under the proposal, while higher-earning households would have a flat tax of 1.5%.

    Ohio

    A flat income tax is on the agenda for lawmakers in 2023, according to the Columbus Dispatch. Currently, the state has a graduated tax that ranges from 2.77% to about 4%, the Tax Foundation notes.

    Flat taxes ultimately benefit the highest-earning households, according to ITEP, which said its research found that all households except the top 20% paid a higher tax rate on average in flat-tax states compared with those in graduated tax states.

    Oklahoma 

    Governor Kevin Stitt, a Republican, said in his state address earlier this month that he wants to cut taxes, according to Fox25. 

    “In my executive budget I am proposing to eliminate Oklahoma’s state grocery tax and reduce our personal income tax rate to 3.99%,” Stitt said. The state has a graduated individual income tax that ranges up to 4.75%, according to the Tax Foundation.

    South Carolina

    The state last year passed an income tax reduction, reducing the top income tax rate from 7% to 6.5% and condensing the number of income brackets to three from six, according to the Post and Courier. 

    Governor Henry McMaster, a Republican, said in his January state address that he’d like to speed up the tax cuts. 

    “Should an increase in future revenues allow, I ask the General Assembly to use additional funds to speed up the income tax cut schedule, so taxpayers can keep even more of their hard-earned money,” 

    Utah

    Utah Governor Spencer Cox, a Republican, is proposing cutting the state’s current income tax rate from 4.85% to 4.75%, according to KSL.com. He also wants to use the state’s budget surplus to send checks of at least $100 to households and provide a one-time property tax rebate.

    Vermont

    Governor Phil Scott, a Republican, highlighted some possible tax cuts in his fiscal year 2024 budget address last month. Among them: getting rid of taxes on veteran pension benefits, which the AARP calls “long overdue,” and expanding its exemption on taxes for Social Security income. 

    Vermont, one of 12 states that taxes Social Security income, exempts earnings from the program of up to $25,000 per single taxpayer or $32,000 for married couples. Under Scott’s plan, that would be expanded by $15,000. 

    Virginia

    Governor Glenn Youngkin, a Republican, in December proposed a new budget with an additional $1 billion in tax cuts, according to the Virginia Mercury. That would follow on last year’s $4 billion in tax cuts for state taxpayers. 

    Among his proposals is cutting the state’s top personal tax rate to 5.5% from 5.75% — a change that would impact most taxpayers since it applies to incomes over $17,000.

    West Virginia

    Governor Jim Justice, a Republican, proposed what he describes as “the largest tax cut in West Virginia history” in his state address last month. His plan would reduce personal income taxes by 50% over three years, beginning with a 30% cut in June 2023 and two additional 10% cuts in the following two years. 

    Wisconsin

    Wisconsin Governor Tony Evers, a Democrat, proposed cutting taxes for middle-class households in his state address last month, according to PBS Wisconsin. However, Republicans are pushing for a flat-tax plan that would reduce taxes for the highest-earning households and introduce a flat 3.25% rate in four years, the publication noted.

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  • Beloved ‘Weinerman’ statue returned to West Virginia restaurant | CNN

    Beloved ‘Weinerman’ statue returned to West Virginia restaurant | CNN

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    CNN
     — 

    A West Virginia restaurant is celebrating after its beloved “Weinerman” statue was returned.

    The statue was stolen from Dairy Winkle, a restaurant in Charleston, Kanawha County, West Virginia, according to a January 19 news release from the Kanawha County Sheriff’s Office.

    The business suffered a fire on January 11. The restaurant owner reported that in the days after the fire, someone broke into the building and stole the statue.

    The treasured statue depicts a smiling anthropomorphic hot dog licking its lips and squeezing bottles of ketchup and mustard. The sheriff’s office described the figurine as a “cherished novelty of the business” with a value of $1,000.

    Sheriffs received a tip about the statue’s whereabouts and found it. The statue was safely returned, undamaged, to the Dairy Winkle, according to the news release.

    On Facebook, the restaurant’s owner expressed gratitude for the officers who helped return the statue. “Weinerman had been found and had been safely returned to the DairyWinkle,” reads the post. “Thank you to the officers who returned him home.”

    A suspect has not been identified and an active investigation is underway, according to the sheriffs’ news release.

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  • Thunder blow out Celtics 150-117 without Gilgeous-Alexander

    Thunder blow out Celtics 150-117 without Gilgeous-Alexander

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    OKLAHOMA CITY — Oklahoma City’s top scorer was out, so everybody pitched in to make things work.

    Josh Giddey scored a season-high 25 points and the short-handed Oklahoma City Thunder blew out the NBA-leading Boston Celtics 150-117 on Tuesday night.

    Oklahoma City’s Shai Gilgeous-Alexander, who ranks among the league’s leaders with 30.8 points per game, sat out with an illness. Without him, the Thunder set a record for points since the team moved to Oklahoma City from Seattle before the 2008-2009 season. The previous mark was 149 points in 2013.

    Lu Dort scored 23 points and Jalen Williams, Tre Mann and Isaiah Joe each added 21 points for the Thunder. They shot 59.2% from the field.

    It was a record-tying performance. Including playoffs, it was the 18th time in NBA history that a team had five players score at least 21 points in a game. The most recent instance was also by Oklahoma City, when Steven Adams, Danilo Gallinari, Chris Paul, Dennis Schröder and Gilgeous-Alexander did it against Minnesota on Dec. 6, 2019.

    “I just think we’ve got great players and great people,” Mann said. “Guys who don’t really care who gets the credit.”

    The Thunder hadn’t won a game by more than 16 points and the Celtics hadn’t lost by more than 16 this season. Oklahoma City coach Mark Daigneault said the result came from his team’s approach.

    “I told them after the game, I want them to realize what got it going, which was we had a great practice yesterday, came into the game with great focus on both ends of the floor, what we had to do, and that’s what allowed us to have fun tonight,” he said. “And we can’t lose sight of that.”

    Oklahoma City took advantage of the fact that Robert Williams, one of Boston’s primary rim protectors, was out managing his injured left knee. The Thunder made 38 of 58 shots inside the 3-point line.

    “You have to play with a sense of humility every night knowing your opponent wants to beat you,” Celtics coach Joe Mazzulla said. “We have to match that, and we didn’t. We got outplayed in every aspect of the game.”

    Jaylen Brown scored 29 points for Boston, and Jayson Tatum added 27.

    The Thunder led 74-54 at halftime behind Joe’s 17 points on 6-for-9 shooting. Oklahoma City shot 57% in the first half. The Celtics trailed big, despite Brown’s 18 points in the first half.

    A 10-0 run put Oklahoma City ahead 90-63 just over three minutes into the second half, and the game was never close after that. The Thunder scored 48 points in the third quarter — the most ever for an Oklahoma City team in a quarter — and shot 67.9% in the third to lead 122-91 heading into the fourth.

    Oklahoma City’s largest lead was 37 points.

    “Late in the second quarter, they sort of put their head down, Boston did, and they got to the line and they were trying to play through us and they were just trying to like jam their way back into the game,” Daigneault said. “And we needed to stand in there in order to fend that off. And I thought the guys did a really good job of that.”

    TIP-INS

    Celtics: Mazzulla and G Marcus Smart attended the Oklahoma State-West Virginia game Tuesday in Stillwater and sat together. Smart played college ball for Oklahoma State and Mazzulla played for West Virginia. Oklahoma State won 67-60. … Smart was called for a technical in the second quarter and ejected in the third for berating an official.

    Thunder: Even Oklahoma City’s fans were hitting shots from deep. Johnnie Durossette, a 20-year-old from Muskogee, Oklahoma, made the MidFirst Bank halfcourt shot during a timeout to win $20,000. … F Aaron Wiggins scored 17 points.

    AT HOME

    The Celtics had their shootaround at the Oklahoma City facility where Celtics F Blake Griffin’s AAU basketball program practices. Griffin is from Oklahoma City and he played college ball at the University of Oklahoma.

    UP NEXT

    Celtics: At Dallas on Thursday night.

    Thunder: At Orlando on Wednesday night.

    ———

    Follow Cliff Brunt on Twitter: twitter.com/CliffBruntAP

    ———

    More AP NBA: https://apnews.com/hub/NBA and https://twitter.com/AP—Sports

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  • West Virginia plant to make batteries for US energy grid

    West Virginia plant to make batteries for US energy grid

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    CHARLESTON, W.Va. — A company that plans to make batteries for the U.S. energy grid will locate its first full-scale manufacturing plant in a former steel town in West Virginia, creating at least 750 jobs in a $760 million investment, Gov. Jim Justice said Thursday.

    Massachusetts-based Form Energy will build the plant on a 55-acre site once occupied by Weirton Steel in the Northern Panhandle. Construction is expected to begin next year with manufacturing of battery systems set to start in 2024, the company said.

    Form Energy focuses on energy storage technology and manufacturing. It has developed a battery whose active components are iron, water and air and is capable of storing electricity for 100 hours, said company co-founder and CEO Mateo Jaramillo, who led automaker Tesla ’s powertrain business development program until 2016.

    Over the next decade, the company’s goal for the battery is to unlock demand for multi-day energy storage in the United States and “accelerate the country’s trajectory toward a fully decarbonized and more reliable and resilient electric grid,” Jaramillo said in joining Justice at the announcement at the state Culture Center in Charleston.

    The Weirton site along the Ohio River is about an hour from the company’s pilot manufacturing facility in southwestern Pennsylvania.

    Weirton Steel, which operated a nearly 800-acre property, filed for bankruptcy protection in 2003. Cleveland-Cliffs now makes tin-plated products on the site, where employment tumbled from 6,100 in 1994 to less than 900 now.

    “Weirton is a historic steel site with strong natural infrastructure and in a region of the country with the know-how to make great things out of iron,” Form Energy said in a statement.

    Justice has made several job-related announcements this year aimed at helping to soften the loss of thousands of coal industry jobs in the state over the past decade. Among them included plans for a steel mill, a lithium-ion battery plant and a facility that makes electric school buses.

    “This today is further testimony to us moving into an economy where we’re diversified even more,” Justice said. “We want West Virginia to be known evermore as that energy state that always figured it out.”

    The announcement came as U.S. Census Bureau estimates released Thursday show that West Virginia lost residents for the 10th straight year. The estimates show the state’s population fell by 10,370 residents over the past year. The 0.6% decline was the fourth highest rate in the nation.

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  • States contend with short timeline to correct broadband map

    States contend with short timeline to correct broadband map

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    LOS ANGELES — States are racing against a deadline to challenge the map federal officials will use to divvy up the nation’s largest-ever investment in high-speed internet.

    At stake is a share of the $42.5 billion Broadband Equity, Access and Deployment program, part of the infrastructure measure President Joe Biden signed into law last year.

    States have until Jan. 13 to challenge a broadband speed map the Federal Communications Commission released last month that, for the first time, illustrates the haves and have nots of internet access down to specific street addresses.

    Critics have long suspected that the number of people with internet connections has been overstated by the government, in part because agencies creating the maps have deferred to telecommunications companies to say where service is provided.

    Extending service to remote areas with few customers can be expensive for internet providers, but using the surge of new federal funds to fill the gaps depends heavily on knowing where they are.

    West Virginia officials have already submitted challenges for 138,000 underserved homes, businesses and other locations in the state that they say are missing, and they’re preparing at least 40,000 more.

    “We’re going to find out,” said U.S. Sen. Joe Manchin, a West Virginia Democrat. “There is no excuse that West Virginia — every nook and cranny, every person — if they’ve got electricity in their house, by God they can get internet in their house, too.”

    According to the first draft of this year’s FCC map, 2% of residential addresses in the U.S. have no broadband access at all and 11% are considered underserved. But those figures are likely to rise after the state challenges.

    Previous FCC maps depicted broadband availability at the census block level. That meant that if an internet service provider reported that it offered broadband to one home within a census block, the whole census block would be considered served.

    But Congress in 2020 tasked the FCC with creating a more precise broadband map. It hired a company called CostQuest, which tapped tax assessment and land use records, as well as census and geospatial data, to create the underlying layer of the map showing every address where broadband can be installed. Then, internet service providers reported what internet speeds they actually offer at each address.

    To counter expected discrepancies, the public can challenge the map — an option that wasn’t available with the FCC’s census block-level maps.

    “I like to refer to (the new FCC map) as census block-penetrating radar ,” said Jim Stritzinger, the director of South Carolina’s broadband office, which reported 33,000 state addresses missing from the map.

    Mississippi’s state broadband director, Sally Doty, said her office found a “tremendous amount” of addresses missing in high-growth areas of the state, including DeSoto and Madison counties and along the Gulf Coast. The state launched a website at the end of November where residents can run speed tests and fill out a survey about their internet service.

    “If we have low speeds for an area that is reported as covered, it will allow us to investigate that further and determine the appropriate action,” Doty said, adding that she hopes to get 100,000 unique responses through the website before the end of the year.

    Maine’s state broadband office sent engineers to some 2,500 addresses across populated areas where it predicted broadband technology was likely to be misreported. Over the course of two weeks, the engineers identified approximately 1,000 discrepancies between the information on the FCC map and what actually exists in the state, Meghan Grabill, a data analyst working on the project, said. The state is combining its results from the field analysis with data from internet providers, the postal service and emergency dispatchers to identify other discrepancies.

    While some states are pouring millions of dollars into the challenge process, others say they lack the resources to fully participate.

    Kansas’ state broadband office recently hired two new staff members, boosting the total number to just four. Rather than collect data in bulk, the state has focused its efforts on webinars and public outreach to train residents how to challenge the map themselves.

    “We’re walking them step by step through it,” said Jade Piros de Carvalho, Kansas’ broadband director.

    Challenges to the map can include assertions that locations are missing or that the internet service depicted on the map isn’t actually available. The challenges can be done in bulk, by state or local governments, or at an individual level, where residents confirm the information for just their address.

    The mapping system West Virginia is using to fact check the FCC map was created to provide city-style addresses for large rural areas of the state in order to help emergency services workers respond to 911 calls and other emergencies.

    “These maps have been a challenge, and that’s putting it nicely, for years,” said Kelly Workman, director of West Virginia’s Office of Broadband, said of the FCC’s maps. “Everyone in West Virginia has known for a long time that these maps are not serving our state well.”

    The Jan. 13 deadline was set so that the FCC can resolve challenges before the National Telecommunications and Information Administration announces states’ allotments in June 2023.

    The states will in turn funnel the grant money to several entities, including internet service providers, local or tribal governments and electric co-ops, to expand networks where people don’t have good service. Entities that take this money will have to offer a low-cost service option. Government regulators will approve the price of that service.

    Each state will receive a minimum of $100 million and final allocations will be based upon several factors, including an analysis of unserved locations as shown on the FCC map.

    Unserved locations are those without reliable service of at least 25 Megabits per second (Mbps) download and 3 Mbps upload.

    Officials in some states, including Texas and Vermont, have pressed for the deadline to be extended, but the FCC has given no indication it will move back the Jan. 13 date.

    While acknowledging that the new FCC map is a marked improvement over past versions, Piros de Carvalho, Kansas’ broadband director, questioned whether the timeline of the challenge process will leave certain states behind.

    “What makes it really unfortunate is we’re trying to shore up disparities in service, but are we inadvertently exacerbating these inequities by disadvantaging the most rural or economically distressed states that have lower capacities in their offices?” Piros de Carvalho said. “I think it might be an unintentional consequence of these timelines and requirements.”

    ———

    Associated Press reporter Leah Willingham in Charleston, West Virginia, contributed to this story. Harjai is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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  • Michigan man sentenced for gun crime in WVa bar shooting

    Michigan man sentenced for gun crime in WVa bar shooting

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    HUNTINGTON, W.Va. — A Michigan man who was thrown out of a West Virginia bar during a New Year’s Eve party was sentenced Monday to eight years in prison stemming from a shooting that wounded seven people.

    Kymoni Davis, 33, of Redford, Michigan, was sentenced in federal court to being a felon in possession of a firearm.

    Davis was thrown out of a party at the Kulture Hookah Bar in Huntington on Dec. 31, 2019. He returned with a 9mm pistol and fired shots through the door before fleeing, according to court records. Surveillance video and witness statements helped identify Davis.

    The victims were treated at a hospital and released. Authorities shut down the bar, citing licensing issues and a failure to pay taxes.

    Davis had three prior felony convictions in state court in Michigan.

    “This senseless act of gun violence demonstrates the consequences when firearms are in the wrong hands,” U.S. Attorney Will Thompson said in a statement.

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  • Alabama plant owned by W.V. governor’s family fined $925,000

    Alabama plant owned by W.V. governor’s family fined $925,000

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    BIRMINGHAM, Ala. — A company owned by the family of West Virginia Gov. Jim Justice is paying a $925,000 fine to an Alabama health agency, after it shut down a coke plant it said was leaking polluting gases.

    Under a consent decree approved Wednesday by a state court judge, Bluestone Coke will pay the fine to the Jefferson County Health Department for air pollution violations at its coking plant north of downtown Birmingham.

    A coking plant heats coal at very high temperatures in what are supposed to be closed, oxygen-free ovens, cooking off impurities while not burning the coal. The process creates coke, which is used as fuel to fire blast furnaces for metal and cement makers.

    Coke ovens have long polluted sections of Birmingham, once a smoky center of coal mining and steelmaking and one of Alabama’s biggest cities. But increasing attention has focused on the impact of pollution in the predominantly Black neighborhoods that surround Bluestone Coke and other industrial sites. The U.S. Environmental Protection Agency has designated the area a Superfund site and has been excavating contaminated soil for years. Birmingham Mayor Randall Woodfin has drafted an unfunded $37 million plan to buy out nearby residents and improve the area.

    The plant, which is more than a century old, has been shut down since October 2021. At that time, the health department declined to renew its operating permit after finding that the oven doors were leaking toxic chemicals, as well as citing other maintenance failures. The agency sued for damages, calling the plant “a menace to public health.”

    “There was a lot of ash and a lot of soot that people who lived near the plant said would cover their cars and homes,” Pastor Thomas Wilder of nearby Bethel Baptist Church told WBRC-TV. He was one of a group that protested the plant’s license renewal, seeking more stringent controls.

    The settlement would allow the plant to seek a permit to reopen if Bluestone were to install two monitors to detect sulfur dioxide, have an engineer design a repair plan subject to public comment and hire an independent auditor to conduct bimonthly compliance checks for two years. Health department officials said any reopening would probably take more than a year.

    The plant’s maintenance failures were chronicled in an investigation by ProPublica. Steve Ruby, a lawyer for the Justice family, told ProPublica that it was unfair to call the fine too low, noting the company would face a substantial cost to meet anti-pollution requirements.

    “Despite investing tens of millions of dollars in long-deferred maintenance, Bluestone was unable to fully overcome those challenges, and it ultimately concluded that only a rebuild would allow the plant to operate profitably and in compliance with environmental requirements,” Ruby told ProPublica.

    Ruby told West Virginia’s Gazette-Mail that Bluestone Coke is reviewing rebuilding options to create a “state-of-the-art facility.”

    GASP, a Birmingham anti-pollution group, intervened in the case before Jefferson County Circuit Judge Patrick Ballard after it and the Southern Environmental Law Center collected ambient air samples around the plant in 2019 and 2020. It said those samples showed elevated levels of the hazardous chemicals benzene and naphthalene.

    “This consent decree makes it clear that companies like Bluestone Coke cannot continue to pollute without consequences, and that starts with standards that put people — not profits — first,” said GASP Executive Director Michael Hansen.

    Half the fine’s proceeds are to be used to benefit nearby neighborhoods, with residents encouraged to weigh in on possible projects.

    The facility has had a number of owners before it was purchased by the Justice family’s business interests in 2019. News outlets have reported that Justice’s businesses have racked up millions in back taxes and unpaid fines, and have often been sued for unpaid bills.

    Justice put his son, Jay Justice, in charge of his coal mining and farming interests when he became governor in 2016. Justice told WOWK-TV in 2021 that his son bought the plant.

    “You know, in all of that, it’s old. It’s really, really, really, really, really old. And so the plant, they tried to operate it for awhile and everything,” Justice told the TV station. “The plant was on its last legs, and the plant had to be shut down.”

    He added, “I think there was some lingering, I guess is the right word, you know, environmental issues that they’re all over. They’ve now settled those environmental issues and they’re doing whatever has to be done.”

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  • Giant Sinkhole Threatens To Swallow West Virginia Police Station

    Giant Sinkhole Threatens To Swallow West Virginia Police Station

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    An enormous sinkhole in Hinton, West Virginia, that has threatened to swallow the town’s police station on Route 20 has spurred officials from the state Division of Highways to pour fill material under the road and start construction of a 120-foot bridge over the hole, per CNN.

    “We just put it together like a big Lego set,” said Joe Pack, chief engineer of district operations of the West Virginia Division of Highways, in a press release Friday.

    The sinkhole first appeared in June and was initially 6 feet wide and 30 feet deep. The police department moved personnel from the building in July and expects the building will eventually have to be demolished, WVNS-TV reported. Fill material proved to be a successful solution for under the road until rains from Hurricane Nicole earlier this month washed it all out — and made the sinkhole even bigger.

    Construction of a temporary bridge began Saturday and is expected to take 24 to 48 hours. Officials will ultimately have to replace the 90-year-old drain beneath the road, which caused the collapse in the first place, with a new, permanent 300-foot steel alternative.

    Several schools in the area were forced to move their classes online as a result of the gaping depression. David Warvel, the superintendent of schools in Summers County, told CNN that all sixth- to 12th-graders attended class remotely for all of last week.

    The sinkhole was initially 6 feet wide and 30 feet deep but has only grown larger.

    West Virginia Department of Transportation

    In-person learning will return when the bridge is built, while the permanent steel drainage structure is proving to be a more complicated issue. The state will soon be accepting bids for a contract for its construction, according to state Sen. Stephen Baldwin.

    “A long term fix has been identified and will be put out to bid ASAP,” Baldwin wrote on Facebook. “It will cost around $5 million. The state will pay for it.”

    According to the West Virginia Geological and Economic Survey, the state’s eastern region, which includes Summers County, is made of karst terrain — which is prone to sinkholes due to its porous limestone material and various other soluble rock formations.

    Sinkholes are usually caused when the acidic groundwater dissolves that limestone — and other soluble rocks like salt beds, domes, gypsum and various carbonate rocks — and the ground beneath the soil gives way, according to the United States Geological Survey.

    As it stands, construction of the bridge should be completed by the end of the day Monday, and the next stage of a more permanent fix will commence soon.

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  • When destitute small towns mean dangerous tap water

    When destitute small towns mean dangerous tap water

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    KEYSTONE, W.Va. (AP) — Donna Dickerson’s heart would sink every time she’d wake up, turn on the faucet in her mobile home and hear the pipes gurgling.

    Sometimes it would happen on a day when her mother, who is 86 and has dementia, had a doctor’s appointment and needed to bathe. Sometimes it would be on Thanksgiving or Christmas when family had come to stay.

    “It was sickening, literally a headache and it disrupted everything,” she said. “Out of nowhere, the water would be gone, and we’d have no idea when it’d be back.”

    It is hard enough to care for someone with dementia. Caring for someone with dementia with no safe water takes the stress to another level.

    While failures of big city water systems attract the attention, it’s small communities like Keystone, West Virginia, that more often are left unprotected by destitute and unmaintained water providers. Small water providers rack up roughly twice as many health violations as big cities on average, an analysis of thousands of records over the last three years by The Associated Press shows. In that time, small water providers violated the Safe Drinking Water Act’s health standards nearly 9,000 times. They were also frequently the very worst performers. Federal law allows authorities to force changes on water utilities, but they rarely do, even for the worst offenders.

    “We’re talking about things that we’ve known in drinking water for a century, that we have an expectation in this country that everybody should be afforded,” said Chad Seidel, president of a water consulting company.

    The worst water providers can have such severe problems that residents are told they can’t drink the water. For 10 solid years Dickerson and 175 neighbors in the tiny, majority Black community of Keystone had to boil all their water. That length of time is nearly unheard of — such warnings usually last only for days. The requirement added gas and electricity costs on top of the water bill. In addition, residents would lose water outright for days or even weeks at a time with no warning.

    A coal company had built the original system, but since left, leaving no one in charge.

    When Dickerson’s water went out, she would drive the dying county’s winding mountain roads to the food bank, or buy water at Dollar General – one of the area’s only stores. She’d haul containers back home and heat up pots on the stove to fill the tub, so her mother could bathe. She stored water in containers in her mobile home’s two bathrooms to flush toilets. Dishes and laundry would pile up.

    There was the cost of gas, the cost of 5 gallon water jugs, the cost of washing clothes at the laundromat. There was also an emotional cost.

    “It drains you,” she said. “You have to learn how to survive.”

    When President Gerald Ford signed the landmark Safe Drinking Water Act in 1974, he said “nothing is more essential to the life of every single American,” than clean water to drink, also mentioning clean air and pure food. The law protected Americans against 22 contaminants, including arsenic. Nearly half a century later, evolving science has broadened the coverage to more than 90 substances, and strengthened standards along the way.

    The miracle is that most water systems keep up – 94% comply with health standards.

    But Dickerson lives in one of the places that didn’t, the AP found, that struggles and fails repeatedly.

    After years of problems, Keystone finally got hooked up to a new water system last December, McDowell Public Service District, which focuses on upgrading systems in coal communities. The deteriorating water mains were replaced, and a nonproft called DigDeep helped pay to connect homes to the new infrastructure.

    When a water utility doesn’t treat water properly or has high levels of a contaminant, states are supposed to enforce the law. They usually give communities time to fix problems, and often they do. But if there is intransigence or delay, the state can escalate and impose fines. In many towns, that doesn’t go well.

    “Giving them a penalty is not going to get you anywhere. It’s just going to make the situation worse in most cases,” said Heather Himmelberger, director of the Southwest Environmental Finance Center at the University of New Mexico. The towns can’t afford the work.

    Some 3% of all systems the AP analyzed landed on the EPA’s enforcement priority list last year. Even worse are the 450 utilities that stayed on the list for at least five of the last 10 years. Four million Americans rely on these systems.

    Regulators rarely step in to force change.

    “Mostly what regulators have is moral appeal and they’ll wag their finger,” said Manny Teodoro, a professor at the University of Wisconsin who focuses on public policy and water.

    The EPA says the vast majority of systems do provide safe water and for those that struggle, the agency has increased technical assistance, inspections and enforcement. Those efforts have decreased the number of systems consistently committing health violations, according to Carol King, an attorney in the EPA Office of Enforcement and Compliance Assurance.

    Teodoro said originally water systems sprouted up when communities did, giving rise to a fragmented drinking water sector dominated by small providers. School districts in America formed the same way, but went through a period of consolidation. That’s happened far less with community water systems.

    The top concern of the sector is funding for infrastructure, according to a survey.

    Josiah Cox has a special view of which towns end up in the worst trouble. He spent years working on water issues and noticed many small utility owners failed to save money for maintenance or struggled when experienced staff members left.

    So he started a business, Central States Water Resources, buying up problem utilities, doing upgrades and billing customers for the costs over time.

    Terre Du Lac, Missouri was one. It’s a private, 5,200-acre community of roughly 1,200 homes nestled around 16 lakes. It advertises a relaxed atmosphere an hour south of St. Louis where people come to golf or water ski.

    But rust coated the water tower. The community drinking water well was pulling up naturally-occurring radioactive material that can cause cancer.

    He has seen a lot: bird feces in drinking water and one place that treated its water with chlorine tablets meant for swimming pools.

    “You start what we call the death spiral of these utilities” where they don’t have the resources to pay for what regulators are demanding, Cox said.

    Michael Tilley, who was slammed by regulators for how he operated the Terre Du Lac system before Cox took over, spent most of his life in the community and knows many residents. He said he felt a responsibility to serve them well, but repeatedly faced hurdles finding grant money.

    “I think if I had any claim to fame it was just keeping the rates low and trying to operate this thing on a shoestring,” he said. “I look back a lot of times and that was my problem.”

    Recruitment of professionals to run small water system is also a major issue. The largely white, male workforce is aging, according to surveys.

    Earlier in his career, Tim Wilson, a water project manager, spent time running the treatment plant in Wahpeton, Iowa, a community of just over 400 that expands when vacationers rush in during the summertime.

    Small, rural communities have a “ridiculously hard” time recruiting certified operators, he said. Then once they trained, they can be lured away by better pay and benefits elsewhere.

    The job demands can also be overwhelming. In Wahpeton, Wilson was the lone employee responsible for the treatment plant. He doubled as a snow plow driver and zoning expert at local government meetings. His crowning achievement, he says, was convincing officials to hire another person to help. It took six years.

    Nearly 1,000 miles south in Ferriday, Louisiana, staffing is one problem, but the water has failed people in every major way.

    You know your water is in trouble when it’s being distributed by the National Guard. That’s where residents of Ferriday took their bottles and buckets for four months back in 1999.

    “I haven’t drunk the water since,” said Jameel Green, 42, who has lived in town most of his life. He now makes sure his two girls, ages 16 and 8, don’t drink Ferriday water either, even if it costs $60 a month.

    He held up a garden hose caked with a white film from the water.

    It wasn’t always like this. In the 1950s and 1960s, Ferriday had a vibrant music scene – Jerry Lee Lewis was a local and acts like B.B. King stopped by. Some 5,200 people called Ferriday home. There are about 40% fewer people now, and Ferriday is a mainly Black community. The Delta Music Museum that celebrates the town’s place in music history is surrounded by mostly empty shops.

    In 2016, the water situation was supposed to change. The U.S. Department of Agriculture helped fund a new treatment plant that went into operation.

    But when the company that built the plant walked away after completion, the people operating it were left with little training on how to run it. Staff have struggled to find the right mix of chemicals, according to the Rev. James Smith Sr., who was brought in to help with the issue.

    “That’s the big problem. Everybody is still doing trial and error,” Smith said.

    Ferriday’s water problems represented “a system in total breakdown,” according to Sri Vedachalam, director of water equity and climate resilience at Environmental Consulting & Technology Inc, who reviewed public files.

    Water disinfection in Ferriday is leaving behind levels of carcinogens that are too high. For failing to fix its problems, the state issued Ferriday a $455,265 fine in November 2021.

    Smith said the water is now significantly improved. It’s tested regularly and plant operators are working on new treatment methods.

    But Ferriday never responded to the fine and the Louisiana health department is threatening to ask a judge to impose a timeline for improvements and force payment.

    Without a lot more money and more aggressive intervention in the worst places, experts say many Americans will continue to endure an expensive search for drinkable water, or else they’ll drink water that is potentially unsafe.

    “In my view, this is a desperate problem,” Teodoro said.

    ___

    Phillis reported from Ferriday, Louisiana, and St. Louis. Fassett reported from Seattle.

    ___

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