Casper Star-Tribune: Dodson: Time for Wyoming to cut some deals of its own

This article was originally published in the Casper Star-Tribune on February 13, 2021.

More bad news for Wyoming coal: The Coal Creek coal mine in the Powder River Basin just announced it is shuttering. The blow follows closely on the heels of the Decker mine halting operations.

Wyoming’s national response simply cannot be that we are going to continue to fight for every Wyoming job but then do nothing except blame the decades-in-the-making decline of our coal industry on the three-week-old Biden administration. That is an unrealistic political talking point at a time we would be better off focusing on the urgency and gravity of our situation.

Our pain is far from over. Arch Resources, Inc. indicated that the enormous Black Thunder mine is next on the list. With the compassion of The Grinch on Christmas Eve, Arch’s CEO and president Paul Lang said in a statement, “Our objective is to continue to harvest value and cash from our legacy thermal assets.” It doesn’t seem like these out-of-state CEOs view towns such as Kemmerer and Gillette as communities with schools, churches, restaurants and playgrounds. To them, they simply represent the geological position of “legacy thermal assets” there for the “harvest.”

We need a plan, a real plan, no matter how brutal it may be, for finding a solution to help not just for Wyoming miners but all the workers who depend upon an open mine. And such a plan will require we stop relentlessly towing the party line in Washington, voting however the establishment tells us, and cut some deals of our own — and to do it fast.

We know from the Blackjewel bankruptcy, and the current settlement being considered by the judge, that those mine workers will be lucky to get a fraction of what they are owed. And the owner of the Decker coal mine, Lighthouse Resources — which filed for bankruptcy in December — appears to be following the model of the Westmoreland Coal Company, which after closing the Kemmerer mine arranged to toss out retiree obligations and the union contract.

But the Biden administration is now pushing a $1.9 trillion stimulus bill. The bill is certain to pass given the Democratic majorities in both chambers of Congress. Nonetheless, President Joe Biden would relish a shot at some Republican support. Since the bill is going to pass anyway, instead of wasting this opportunity, our two senators should take full advantage of the situation and cut the best deal possible for the people of Wyoming. There will never be a better time than when $1.9 trillion is up for grabs.

There’s sound free market justification cutting a deal that offers help for our mining communities. Through subsidies, the tax code and environmental regulations, the federal government picks winners and losers in the energy sector. Which is why it is completely appropriate to require assistance to those neighborhoods adversely impacted by government decisions.

In return for two Republican votes, Wyoming could require that the stimulus bill provides federal relief for workers who are affected by mine closures. This should include full protection for any retirement or pension obligations, healthcare coverage for the lesser of two years or when a worker becomes re-employed and extended unemployment coverage similar to what is being offered to those impacted by COVID-19.

This should cover not just our coal miners, but the rail workers and other trades and businesses that depend upon an open mine. The bill’s language should also strip mining companies of the ability to use bankruptcy laws to duck out of existing union contracts and other employee obligations. Not much to ask inside of a $1.9 trillion dollar bill.

Wyoming’s members of Congress should further ask for public assurances from the Democratic leadership to fast-track a bill that will provide comprehensive transition support to communities affected by declining coal volumes.

Wyoming desperately needs our delegation to cut some deals and place Wyoming necessities above any partisan interest. What is required is polished statesmanship combined with old fashioned deal-making. Our representatives are perfectly positioned to accomplish this, if they so choose.