Murray Energy

By Staff - United Mine Workers of America, June 1, 2021

Clearly, the UMWA's positions on carbon capture and storage (CCS) and so-called "clean coal" stand in contrast (and, for the most part, opposition) with the entirety of the climate justice movement, ecosocialists, green syndicalists, and a good deal of rank-and-file union members not involved in resource extraction (including the more than 60-70% who support something like the Green New Deal). That said, at least the UMWA finally accepts that coal is a dying industry and a just transition is needed. Therefore, this is presented to show where the UMWA stands, not as an endorsement of their positions.

At the end of 2011, there were nearly 92,000 people working in the American coal industry, the most since 1997. Coal production in the United State topped a billion tons for the 21st consecutive year. Both thermal and metallurgical coal were selling at premium prices and companies were making large profits.

Then the bottom fell out. Over the next 4 years, coal prices cratered, especially in metallurgical coal but also in thermal coal. The global economy slowed, putting pressure on steelmaking and metallurgical coal production. Foreign competition from China, Australia, India and elsewhere cut into met coal production.

Domestically, hydraulic fracturing (fracking) of shale formations opened up previously untapped natural gas fields, caused the price of gas to drop below that of coal for the first time in years. Utilities began switching the fuel they used to generate electricity from coal to gas. Environmental regulations coming from the Obama administration also impacted coal employment. By 2016, just 51,800 people were working in the coal industry. 41,000 jobs had been lost.

Companies went bankrupt. Retirees’ hard-won retiree health care and pensions were threatened. Active miners saw their contracts, including provisions that had been negotiated over decades, thrown out by federal bankruptcy courts. From 2012 to today, more than 60 coal companies have filed for either Chapter 11 reorganization bankruptcy or Chapter 7 liquidation. Almost no company has been immune.

“Just since 2015 we have had companies like Peabody, Arch, Alpha Natural Resources, Walter Energy, Westmoreland and Murray Energy all go bankrupt,” President Roberts said. “Patriot Coal went bankrupt twice. Retirees’ health care was on the brink, but we were successful in preserving that in 2017. The 1974 Pension Fund was on the path to insolvency, but we were able to save that in 2019.

“Even though our contracts were thrown out by bankruptcy judges at company after company, we were successful in preserving union recognition, our members’ jobs and reasonable levels of pay and benefits at every company as they emerged from bankruptcy,” Roberts said. “But in no case has the contract that came out of bankruptcy been the same as the one our members enjoyed when a company went into bankruptcy. This has been extremely painful all the way around.”

By John Kostyack, Karen Torrent, Laura Peterson, and Carly Fabian - National Whistleblower Center - July 2020

In the past several years, U.S. states, cities, counties and individuals concerned about climate change have filed important lawsuits against fossil fuel companies, asserting that the companies are responsible for climaterelated damage due to their carbon pollution. These cases confront “what might be the greatest scam in history,” in the words of historian Naomi Oreskes: the massive disinformation campaign designed to stall action on climate change by persuading decision makers and the public that it is not a problem to be taken seriously.

In this report, the National Whistleblower Center focuses on a related deception that, with a small handful of notable exceptions, is unaddressed in the climate change lawsuits filed to date: the dramatic understatement of risks posed by climate change to fossil fuel companies’ own financial condition and to the economy at large. We describe an important pathway to ensuring proper disclosures of climate risks: collaborative work by whistleblowers, prosecutors and regulators to enforce anti-fraud laws.

This report is a call to action for executives of fossil fuel companies and others with knowledge of improper accounting and disclosure practices, such as external auditors, to take the steps needed to obtain protected whistleblower status and work with the Securities and Exchange Commission (SEC), other regulators and law enforcement officials to help expose and prosecute fraud. For the first time, legal strategies are provided for whistleblowers and others to expose and prosecute climate risk fraud in the fossil fuel industry. This is also the first report to use the methods of professional fraud investigators to identify fossil fuel industry financial disclosure practices that are likely to be fraudulent.

Climate risks—comprised of “transition risks,” the financial risks to some companies due to the world’s shift away from fossil fuels, and “physical risks,” those associated with climate change- related damage to property— uniquely threaten the finances of fossil fuel companies. Fossil fuel companies, fearful of losing access to investment capital and loans, are therefore highly motivated to conceal their exposure to these risks.

Concealment of climate risks is a matter of great public interest because when it is successful, it harms investors, the environment and the economy. Investors who provide capital to these companies suffer because they invest based on a false sense of the companies’ readiness for the transition to a low-carbon economy and for the physical shocks of climate change. This deception undercuts efforts to address climate change because it slows the shift of investments to businesses developing and deploying low-carbon technologies. It harms the economy by leaving financial institutions such as banks and insurers less prepared for the stresses of rapid asset deflation.

Read the report (PDF).