Lots of SCOTUS news this week that could affect West Virginia -- and Babydog's Capitol mural appearance is still being talked about
The West Virginia Weakly Reader for Saturday, June 29, 2024
This coming week marks just four months until November’s general election.
Don’t worry, we have ZERO plans to weigh in on the presidential debate that aired this past Thursday on CNN. You’ve probably already seen the debate, parts of it — or maybe some analysis. So, there’s no reason for us to go barking up that tree.
Here at the West Virginia Weakly, we’re laser focused on the Mountain State, which we think is a nice reprieve from national pundits and news coverage that may only sometimes speak to the issues that matter to people here.
Make no mistake, we’re not taking our eye off Joe Manchin quite yet — just in case the freshly minted independent decides to make a last-minute bid for U.S. Senate or the governor’s mansion. Earlier this week, Axios reported Manchin is still a “no” on a run for governor.1 But as most people have come to learn about Manchin, he keeps his plans close to the vest — and there’s still plenty of time to make a third-party bid, should he choose to do so.
Despite all of this election talk, The Weakly’s Morgantown bureau has been bustling as of late. After attending the Whizzbanger’s Ball in Fayette County a few weekends ago, I had to hit a deadline and work up a recap of the event for some friends over 100 Days in Appalachia.
I’m never so sure what I think about my writing about music these days. After all, it’s been a long time since I did that on the regular and I’ve never been able to conjure the literary prowess of rock critics like Lester Bangs or Richard Meltzer — and well, writers just generally tend to get in their own heads about things.
That all said, you can find my piece on the music festival over at 100 Days2 — but if you want to hold off until Wednesday, you’ll find it in your inbox as part of our Wednesday Extra — but it’ll be for paid subscribers only.
I know that’s probably not the best way to sell you all on a paid subscription (giving you free access to something you’d have to pay for here), but I promise you that piece of writing is just a taste of what we’re slinging on a semi-regular basis.
The West Virginia Weakly Reader
🏛️ The U.S. Supreme Court has sided with West Virginia and other Republican-led states to block a federal rule targeting air pollution. In a 5-4 decision handed down Thursday, justices said the rule from the Environmental Protection Agency — which targeted nitrogen oxide emissions in hopes of preventing premature deaths — was not “reasonably explained” and sided with states who challenged the rule. The implementation of the rule is now on hold pending further review.3
🏛️ In a separate ruling on Thursday, justices announced they had rejected a settlement reached between states and Purdue Pharmaceuticals, the creator of the opioid Oxycotin. A majority of justices on the nation’s high court ruled that the settlement unlawfully shielded members of the Sackler family from civil liability from future claims by victims of opioid addiction as a result of using OxyContin.4 The ruling throws into question how much money states and local governments will receive as a result of the lawsuit.
🏛️ In yet another high court decision with potential implications on West Virginia, Supreme Court justices ruled Friday that bans on sleeping outside are legal. The court overturned a California-based appeals court that found such laws amount to cruel and unusual punishment when shelter space is lacking.5 This ruling essentially means the city of Wheeling had the legal right to shut down an encampment for unhoused people this past winter and spring — where unhoused residents there have been moved time and again, as West Virginia Watch reported back in March.6 The latest we were able to track down on the situation is this: some in Wheeling’s unhoused population were able to move in April to a camp that was exempt from the city’s ban.7
💵 Companies owned by Gov. Jim Justice and his family have come to a resolution over long-standing debts with Virginia-based Carter Bank & Trust. According to a filing with the Securities and Exchange Commission, the Justice family debts had dropped from $301.4 million at the end of March to $294.1 million as of June 20, 2024.8 Earlier this year, Carter Bank had sought to auction off the Greenbrier Sporting Club to help satisfy part of the debt, but that idea was stalled as talks between Justice family attorneys and Carter Bank went on.9
🐶 Speaking of the governor, he claims he had no idea that his English Bulldog would have been featured in a mural depicting the state’s history and culture. “I was just as shocked as anybody,” Justice said this week.10 The dust up over Babydog’s inclusion in the mural is another example of the Justice administration seemingly failing to abide by rules dictating changes to the Capitol complex. In recent years, legislative auditors have warned that changes were being made to the Capitol grounds without the approval of the Capitol Building Commission.11 In case this latest round of Babydog drama (remember the pooch’s State of the State appearance a few years back?) isn’t enough for you, The Washingtonian has featured the governor’s 62-pound sidekick in a story out this week.12 It’s worth a read, if for no other reason than the reporter’s acknowledgement that Babydog can indeed be a distraction from real issues affecting the state, as many of Justice’s political opponents have argued for some time.
🔫 With West Virginia’s campus carry law going into effect on Monday, university officials around the state are WVU dean of students Corey Farris spoke to news media Thursday about preparations in Morgantown — and at other WVU campuses around the state — and implementing a rule adopted by the board of governors in April in accordance with the Campus Self-Defense Act, which passed in 2023.13 But with the law providing no funding to universities to implement it, WVU has said it plans to spend $1 million on safety measures. So far, only five students have applied to have access to a secure locker to store their firearm.14 Other universities around the state, including Marshall University15 and Fairmont State16 have also been preparing for campus carry to go into effect.
📕 After a tumultuous time in recent months with it's ‘Academic Transformation,’ West Virginia University has announced tuition increases and cuts to some programs ahead of the upcoming academic year. Tuition will jump just under five percent for all students. In addition, WVU will drop Chemistry, Math and Aviation Management degree programs at the WVU Institute of Technology in Beckley. Recreation, Parks, and Tourism Resources, and Wood Science and Technology bachelor’s degree programs will also be cut at WVU Potomac State College in Keyser. Despite those programs being dropped, WVU’s Morgantown campus will introduce a new undergraduate certificate program in Mine Safety Practices and Health.17
👩🏫 If that still wasn’t enough news from West Virginia University this week, provost and former dean of the WVU Reed College of Media Maryanne Reed is stepping down from her position as she prepares to retire at the end of the year.18 (A quick clarification that the college is named after another Reed — English and journalism professor Perley Isaac Reed.) Vice provost Paul Kreider will take on the role of interim provost.
🚣🏼♂️ A resiliency plan that came into focus following the catastrophic and deadly 2016 floods is nearing completion. The State Resiliency Office submitted a plan to its board earlier this month as part of a quarterly meeting, ahead of a deadline created by legislation passed in 2023.19 According to a report earlier this year from the Pew Charitable Trust, West Virginia is one of the most flood-prone states in the U.S., with more than 1,600 flood events between 2010 and 2021.20
🩺 With the general election approaching, there’s little surprise that reproductive rights is shaping up to become a key issue for many. After the U.S. Supreme Court overturned Roe v. Wade in 2022, some states have enshrined abortion rights into law through citizen-led ballot initiatives. But even though Democratic gubernatorial candidate Steve Williams helped gather 2,500 signatures to call on the West Virginia Legislature to address the issue, the effort is effectively moot in a Republican-led statehouse. The Associated Press took a look at the issue earlier this week.21
🌄 A new report out from the Appalachian Regional Commission shows signs of economic improvement throughout the region and across West Virginia itself. In its report for fiscal year 2025, the ARC says 77 counties — throughout the 420-county region that stretches across 13 states — are designated as “distressed.”22 That’s down from 82 counties being designated as distressed in the previous year. In West Virginia, 15 of the state’s 55 counties that rank as distressed, down from 18 last year.23
🚦Charleston city officials have announced a $25 million federal grant to help enhance 3.75 miles of roadway — for bicycle, pedestrian and vehicle access — mostly along Kanawha Boulevard. The Capital Connector project was launched in November 2021 when the city was awarded a $1.75 million grant to help with its design.24
Everyone’s Got One — A look at op-ed pieces that resonated with The Weakly ‘s editorial board this week:
Ben Fields: Reid-Smith’s sucking up to Justice getting weird (Opinion) ~ The Charleston Gazette-Mail
Migrants are streaming across the border, but they are not coming here ~ Hoppy Kercheval, WVMetroNews
Allowing the rusty MVP to go into service puts West Virginian lives and the climate at risk ~ Morgan King, West Virginia Watch
Manchin a "no" on running for West Virginia governor — for now ~ Hans Nichols, Axios
When Your Appalachian Music Roots Show Up on the National Stage, A Reflection on the Whizzbanger’s Ball ~ Dave Mistich, 100 Days in Appalachia
Supreme Court sides with WV to block rule targeting air pollution ~ Mike Tony, The Charleston Gazette-Mail
Morrisey speaks up on Supreme Court decision on Purdue Pharma settlement ~ Steven Allen Adams, The Parkersburg News & Sentinel
Divided Supreme Court rules in major homelessness case that outdoor sleeping bans are OK ~ Lindsay Whitehurst, The Associated Press
Months into Wheeling camping ban, city’s unhoused people forced to move again ~ Loori Kersey, West Virginia Watch
People are moving in as Wheeling’s homeless camp opens up ~ D.K. Wright, WTRF-TV
Form 8-K, United States Securities and Exchange Commission ~ June 26, 2024
Justice companies and longtime banker announce resolution to financial dispute ~ Brad McElhinny, WVMetroNews
Governor says he had no idea an image of his beloved dog would be in historic, cultural mural at Capitol ~ Brad McElhinny, WVMetroNews
Capitol renovation oversight has been skirted for years. Now, West Virginia has a Babydog mural in its historic seat of government ~ Duncan Slade, Mountain State Spotlight
Babydog Unleashed: Inside the Weird World of the Most Powerful Pooch in Politics ~ Sylvia McNamara, The Washingtonian
WVU prepares for Campus Carry to take effect on Monday, July 1 ~ David Beard, The Dominion Post
WVU spends $1M to implement lawmakers’ ‘campus carry’ bill, says only 5 students have applied ~ Amelia Ferrell Knisely, West Virginia Watch
Fairmont State University ready for implementation of Campus Carry ~ Mike Nolting, WVMetroNews
West Virginia University Increases Tuition and Cuts Majors to Address Budget Deficit ~ Staff Reports, WVNews
WVU taps Kreider to serve as interim provost as Reed prepares to retire ~ WVU News Release, Thursday, June 27, 2024
Flood resiliency plan nears completion eight years after 2016 flood ~ Steven Allen Adams, The Parkersburg News & Sentinel via The Martinsburg Journal
Four Reasons Why West Virginia Lawmakers Should Invest in Flood Resilience ~ Mathew Sanders, Pew Charitable Trust
Abortion access has won when it’s been on the ballot. That’s not an option for half the states ~ Kimberlee Kruesi, Christine Fernando & Leah Willingham, The Associated Press
Classifying Economic Distress in Appalachian Counties ~ Appalachian Regional Commission
Appalachia, W.Va. Improving Economically According To Federal Report ~ Chris Schultz, West Virginia Public Broadcasting
Officials announce $25 million federal grant for Charleston Capital Connector project ~ Ty McClung, The Charleston Gazette-Mail