Sen. Joe Manchin (D-WV) is the only Democrat to cosponsor the amendment by Sen. Mitch McConnell (R-KY) to block the Environmental Protection Agency from extending regulatory control over carbon dioxide and other greenhouse gases. In an interview today on Hoppy Kercheval Show, Manchin made the newsworthy comment that he expected 13 to 15 Democrats to eventually support the amendment.

Question: “You signed onto the McConnell Amendment as a Democrat, but you’re the only Democrat I think who’s signed on to the McConnell Amendment.  Why can’t you get – you’re a persuasive person, you wear people down – why can’t you get other Democrats to sign onto the McConnell amendment?”

Sen. Joe Manchin (D-WV): “Well, I’m working on them I can tell you that from the standpoint – and I don’t know whether they don’t realize, I think a few more votes – I think they’re going to vote for it, I really do.  Now I guess they don’t want to take the lead on something that I feel so strongly about. I just believe that the EPA has totally overstepped its boundaries.  It was never an agency put in a position to the create public policy that’s going to affect us and change our way of life, I truly believe. So I feel strong enough to sign on. Other people might not, but I believe there’ll be 13 to 15 democrats that will vote for it.”

The possibility of the McConnell Amendment passing probably explains why it did not come to a floor vote this week.

No matter the amendment’s fate, it’s heartening to see Sen. Manchin invoke a founding precept of the American Republic, the separation of powers in which the legislative branch, Congress, makes policy by writing law and the Executive Branch carries out the law. In the many floor speeches we watched this week, Senate opponents of the McConnell amendment by and large failed to address  that matter of principle. They appeared willing to surrender their role as lawmakers just because the EPA is a doing a good thing.

In our decade of involvement with the North Dakota Legislature, we saw lawmakers of both political parties consistently articulate their belief that they belonged to policymaking branch of government. The principle informed their debates and guided their votes. If only the U.S. Senate were as diligent and thoughtful vis a vis the EPA.

At some point, the Senate will vote on whether Congress or the EPA will set economic and environmental policy. In the debate leading up to the vote, all Senators should address what they consider their proper role as a legislator. Sen. Manchin’s comments today provide a good way to frame the question: “Do you believe the EPA should be in the position to create public policy that’s going to affect us and change our way of life?”

(Hat tip: Ed Morrissey at HotAir.com, “Rockefeller says McConnell-Inhofe EPA bill ‘theological’ and ‘immature,’ can’t pass.“)

Sen. Joe Manchin (D-WV) made his maiden speech on the floor of the Senate on Thursday, extolling the virtues of common sense and, as a logical corollary, laying into the Environmental Protection Agency. He said:

I believe it is fundamentally wrong for any bureaucratic agency, including the EPA, to regulate what has not been legislated, to have absolute power to change the rules at the end of the game and to revoke a permit, as the EPA did in southern West Virginia’s Spruce Mine, after it was lawfully granted and employees were hired. Giving any agency such absolute power will have a chilling effect on investment and job creation far beyond West Virginia.

Manchin announce introduction of the EPA Fair Play Act, intended “to check EPA’s power, protect jobs and investments in West Virginia and beyond” by preventing the agency from revoking permits that had been legally granted.

The permit for the Spruce Mine was approved after an exhaustive, approximately 10-year regulatory process that included extensive review by the EPA. The U.S. Army Corps of Engineers awarded the Section 404(c) permit, which is a requirement for constructing clean valley fills, a process used in surface coal mining. The EPA has authority under the Clean Water Act to veto Section 404(c) permits before they are awarded by the U.S. Army Corps. However, the EPA has never before attempted to veto a previously awarded and active permit.

Arch Coal was poised to invest $250 million dollars in the Spruce Mine project, which was already employing West Virginians and would have created approximately 200 good-paying jobs with benefits. The EPA’s decision to retroactively veto the permit casts serious doubt on the future of this project and others throughout the country.

Sen. Manchin’s legislation has bipartisan support from other energy-state Senators, although the principle embraced by the bill is larger than coal or mining. It goes to the fundamental rule of law in the country: Can the government arbitrarily take away what was already achieved through a legal process for political or arbitrary reasons?

UPDATE (8:20 a.m.): The bill is S. 272, A bill to amend the Federal Water Pollution Control Act to clarify and confirm the authority of the Environmental Protection Agency to deny or restrict the use of defined areas as disposal sites for the discharge of dredged or fill material. Original osponsors are: (continue reading…)

West Virginia’s new governor, Gov. Earl Ray Tomblin, delivered his first State of the State address on Wednesday (text). In our search for references to manufacturing in governors’ agenda-setting speeches, the Democrat takes first prize so far — not just for his specificity, but also for putting industry in the context of energy development.

Tomblin, who succeeded Gov. Joe Manchin after Manchin won the U.S. Senate election, declared, “Our top priority must be to continue to improve our business climate to attract, retain, and create good paying private sector jobs.” He naturally discussed coal, persuasively and proudly so. Less expectedly, Tomblin also hailed the potential of Marcellus Shale natural gas.

West Virginia’s economic future lies not only in its continued use of coal as a resource. Lying just a mile below the surface of much of our State is a rock formation called the Marcellus Shale. This formation is rich in natural gas and new technology and techniques have made access possible for the oil and gas industry.

The development of the Marcellus Shale formation for natural gas production is an economic development opportunity for the State, and we need to embrace it! [applause] Billions of dollars of private capital have already been invested in this activity and with it has come many jobs.

For example, today Dominion announced its intention to build a natural gas processing facility in Natrium, West Virginia. This project will allow for significant development opportunities in West Virginia. And it is not only about the production of natural gas. The development of the Marcellus Shale has the potential to restart the manufacturing industry in West Virginia. It is an opportunity that we simply cannot let go by. [applause]

Are you paying attention, New York?

The governor also emphasized the importance of education and more efficient, responsive government.

Chris Stirewalt of The Washington Examiner reports at Fox News on the political speculation surrounding newly elected West Virginia Sen. Joe Manchin, including his wooing by Republicans to switch parties. Seems unlikely, even with GOP support of coal-to-diesel.

Still, a fun speculative political piece, and since this morning is turning into Paycheck Fairness Act Day at Shopfloor.org, we’ll quote the relevant passage. From “Today’s Power Play: GOP Sweetens its Offer to Manchin“:

The first indication of where Manchin will stand likely comes next week in the lame duck session.Labor groups who backed Manchin over Republican John Raese are pushing hard for passage of the Paycheck Fairness Act. The bill, already passed by the House, would require employers who have multiple facilities in the same counties to pay all their employees the same wage.

It would be a coup for unions, because it would allow unions to limit the competitive advantage of non-union operations. Since labor provided key votes and support for Manchin, they likely will be counting on his vote.

Manchin, though, was also backed by the U.S. Chamber of Commerce, which vehemently opposes the bill.

Earlier today…

• Apologizing for America, Administration Touts Paycheck Fairness Act
• Paycheck Fairness Act: Negative Employment Effects

Manufacturers can be pleased with the election of Gov. Joe Manchin (D-WV) to the U.S. Senate to fill the remaining two years of Sen. Robert Byrd’s term. Manchin has long acknowledged the need for West Virginia to improve its business climate, and he’s been a supporter of reforming the state’s capricious civil justice system.

Initially a supporter of the anti-democratic Employee Free Choice Act, Manchin eventually recognized its jobs-killing nature and came to oppose the legislation.

On over-regulation and the excesses of the EPA, Manchin is strong. In August, he wrote a letter to EPA Administrator Lisa Jackson:

As EPA continues to promulgate more and more stringent standards, the economic consequences will become more and more burdensome for states and industry to bear, especially in these difficult times. By changing the rules in the middle of the game, EPA is adding an unnecessary element of confusion to an already complicated situation. Your agency must consider the economic and resource burdens caused by its actions. States will need flexibility and resources to help implement new standards. States also should give adequate time to develop plans that address any new air quality requirements.

Gov. Manchin currently serves as chairman of the National Governors Association, where he has made education a major emphasis. NAM President John Engler once chaired the NGA, as well, and the two have had valuable conversations on education and energy.

The EPA is so aggressive on so many regulatory fronts, otherwise major issues tend to get shortchanged in the media, so kudos to The Wall Street Journal for covering the agency’s proposed ozone regs, being pushed before the new 2008 regulations even had a chance to go into full effect.

Monday’s WSJ reported, “New Smog Proposals From EPA Draw Fire“:

A proposed crackdown on smog by the Environmental Protection Agency is fueling resistance from businesses groups concerned about costs, Republicans who say it’ll be a drag on the economy—and some heartland Democrats engaged in tough election battles this fall.

EPA Administrator Lisa Jackson has dramatically stepped up the pace and scope of regulatory activity since 2009. She has pushed sweeping rules to regulate greenhouse-gas emissions linked to climate change, challenged coal companies over their mining practices, and questioned the methods energy companies are using to drill for natural gas.

Now Ms. Jackson is proposing to redefine what constitutes unsafe levels of ground-level ozone, a primary ingredient in smog.

The Journal cites two letters from elected officials alarmed by the EPA’s excesses. One comes from a bipartisan group of Senators led by Sen. Evan Bayh (D-IN) and Sen. George Voinovich (R-OH). The letter, available here, notes that the EPA normally revises the National Ambient Air Quality Standards on a five-year basis, if not longer. The Senators argue.

However, the Agency has proposed to significantly tighten the standards that were adopted less than two years ago, with no new data prompting EPA’s reconsideration. We believe that changing the rules at this time will have a significant negative impact on our states’ workers and families and will compound the hardship that many are now facing in these difficult economic times. (continue reading…)

Yee-haw – we felt it was about time that we did another labor round up at the shopfloor.org corral.

Recusal refusal: The Wall Street Journal echoed our concerns with the National Labor Relations Board when it published an editorial earlier that examines recess-appointed NLRB member Craig Becker’s conflict of interest with his consideration of NLRB cases that involve his former employers – the AFL-CIO and the SEIU. 

Ch-ch-ch-ch-Changes: Can’t help but to think of the lyrics of the old Bowie tune when we learned of Anna Burger’s impending departure from the labor groups Change to Win and the SEIU: “I still don’t know what I was waiting for And my time was running wild”. And run wild they did. During Ms. Burger’s time the labor group has tirelessly advocated expanding government, the jobs-killing Employee Free Choice Act and radical changes at the NLRB to seat one of their own (Craig Becker.) Perhaps she realized: “Every time I thought I’d got it made It seemed the taste was not so sweet.”

When the Data Doesn’t Help Your Case, Question the Data! The top brass over at OSHA have had a hard timing understanding why injury and illness rates have shown such marked improvement over the years. So instead of acknowledging that America’s workplaces were getting safer, they questioned the accuracy of the data. In October of last year the agency launched an initiative to ferret out an alleged widespread underreporting of workplace safety incidents by employers. However, the agency quietly “paused” the program recently as regional OSHA officials expressed doubts about the program’s effectiveness, saying they were not finding significant violations.

Labor in Focus in the Rocky Mountain State: EFCA will continue to be an issue during the midterm elections. After this week’s primary elections in Colorado the voters will face a decision between two candidates that have different approaches to the card check legislation. There is incumbent Senator Michael Bennet who has not taken a clear position on the jobs-killing bill and Ken Buck, Weld County district attorney, strongly opposes the measure.

Problems with EFCA in the Mountain State: West Virginia Gov. Joe Manchin, the Democratic frontrunner in the U.S. Senate race for the late Sen. Byrd’s seat, has said he has doubts about the card check legislation if it hasn’t made it through a Democratic-controlled administration and Congress. ‘I told labor, “Something is wrong with that piece of legislation if you haven’t been able to get it passed by now,”’ Manchin said.”  Something wrong? The fact that the legislation would cost 600,000 Americans their jobs shows just how wrong it is.

We hope all candidates will realize the devastating economic impact that card check and related proposals will have on our economy and join the NAM in rejecting the misguided legislation.

Continuing our look at this year’s State of the State addresses, we turn to West Virginia Gov. Joe Manchin, a Democrat. In his 2010 address on Wednesday, Jan. 13, he did not mention manufacturing and the only reference to industry was a passing reference to taxation of industrial property.

But this exercise — searching only for the terms “manufacturing” and the like — is limited. Manchin, a Democrat, certainly gave manufacturers prominent play in his speech, especially in the area of energy and coal:

We have more than 1,000 megawatts of wind power in service or in development – that’s enough to power more than 250,000 homes! And we have the third-largest wind capacity of any eastern state.

The world’s first successful carbon capture and sequestration project is at AEP’s Mountaineer Power Plant in Mason County, and an advanced pilot project is capturing CO2 at the Dow Chemical plant in South Charleston.

These pilot projects will lead the way for implementation of this technology at coal-fired power plants around the world.

Plans are moving ahead on a coal-to-liquids project in Mingo County that will use state-of-the-art cleaner coal technology. Through this technology, West Virginia coal will be our primary energy source as we make the transition to the fuels of the future.

Manchin also gave a plug to developing the natural gas resources in the Marcellus Shale.

Earlier posts on states of the state.

Democratic Governor Joe Manchin has been a business-friendly, tireless advocate of improving West Virginia’s economic climate, and a much-appreciated defender of the state’s coal and energy sectors. The NAM has also worked with Governor Manchin in promoting health-care information technology.

All in a way of leading up say, congrats, Gov. Manchin, on your re-election. West Virginia’s voters like the message of economic growth, and lots of tough issues will make your efforts even more necessary over the next four years.

In his ongoing efforts to make West Virginia a more hospitable state to business, Gov. Joe Manchin has taken the unusual step of filing an amicus brief with the state Supreme Court of Appeals, asking the court to clarify the ability of DuPont to challenge a jury’s award of punitive damages against it. DuPont last week filed an appeal (news release) to the state’s top court of last October’s awarding of $196.2 million in Harrison County Circuit Court, the result of a class-action lawsuit by residents who charged a nearby zinc smelter endangered the public through heavy metals. (Previous news coverage.)

AP now reports that Manchin’s brief cites a 2003 U.S. Supreme Court decision to argue that the 14th Amendment guarantees appeals of punitive damages, asking whether consideration of a written appeal alone is adquate.  The plaintiff’s lawyers express outrage; Florida lawyer Michael Papantonio declared, “This just further delineates how badly the deck is stacked in West Virginia against people trying to recover when they’re taking on DuPont. It’s stacked against people who have been wronged by corporate America.”

Really? Stacked for business against the people? According to Directorship Magazine’s 2008 Boardroom Guide to State Legal Climate – a project of the American Justice Partnership — West Virginia ranked 49th in the county in anti-business legal climates.

The governor’s brief in DuPont v. Perrine is available here.

In other West Virginia legal news, Walter Olson at Point of Law reports: “In West Virginia, a state where government hiring of private lawyers to pursue public lawsuits has been particularly controversial, four law firms including Hagens Berman are set to split $3.9 million for prosecuting an antitrust suit against Visa and MasterCard that resulted in a settlement, per the Charleston Daily Mail. And Attorney General Darrell McGraw has appointed four lawyers to pursue a new suit against a variable annuity life insurance provider. Steve Roberts, who heads the state chamber of commerce, said it’s particularly frustrating that the AG’s office makes no disclosure about how the lawyers — many of whom contribute to his campaign — are selected for the task. ”