WVFA eNews Weekly

The U.S. House of Representatives, including West Virginia’s entire congressional delegation, on Jan. 13 approved a measure that would effectively kill the Environmental Protection Agency’s new "Waters of the United States" rule. The House voted 253-166, passing a resolution of disapproval to nullify the rule, which extends the federal agency’s authority to all bodies of water, no matter the size or frequency. Only one Republican – U.S. Rep. Chris Smith of New Jersey – voted against the measure. The rule was published in the Federal Register June 29. The EPA and the U.S. Army Corps of Engineers began enforcement Aug. 28. However, a federal appellate court in October issued a decision that stops the EPA and Corps from enforcing the rule.

West Virginia’s Congressmen, Evan Jenkins, David McKinley and Alex Mooney, voted in favor of the resolution, which already has passed the Senate. All three are Republicans. "This is an unprecedented and unacceptable expansion of power," McKinley said of the rule. "We should not give EPA bureaucrats license to harass and penalize farmers and other property owners," he said.

Visit https://www.naylornetwork.com/wvf-nwl/articles/?aid=357577&issueID=47317 to view the full article online.

Jan. 14 - In an effort to conserve the northern long-eared bat, the U.S. Fish and Wildlife Service has announced a final rule today that uses flexibilities under section 4(d) of the Endangered Species Act (ESA) to tailor protections to areas affected by white-nose syndrome during the bat’s most sensitive life stages. The rule is designed to protect the bat while minimizing regulatory requirements for landowners, land managers, government agencies and others within the species’ range....

...The Service listed the northern long-eared bat as threatened under the ESA in April 2015 and established an interim 4(d) rule following drastic population declines caused by white-nose syndrome in the eastern and Midwestern United States. This deadly disease continues to spread westward and wreak havoc on cave-dwelling bats. In November 2015, presence of the fungus that causes white-nose syndrome was confirmed in the 30th state – Nebraska.

Under the final rule, intentionally harming, harassing or killing the northern long-eared bat is prohibited throughout the species’ range, except for removal of northern long-eared bats from human structures, and when necessary to protect human health and safety.

Visit http://www.fws.gov/midwest/endangered/mammals/nleb/ to view the full article online.

Marriott Hotel, Charleston, WV

MONDAY IS THE LAST DAY TO MAKE HOTEL RESERVATIONS (see attached form)

7:30 a.m. - Legislative-Update Breakfast - HOSTED BY WALKER CAT
- Sen. Robert Karnes, Chair Natural Resources Committee
- Del. Kelli Sobonya, Co-Chair Joint Committee on Rules - invited

9:00 a.m to Noon - Symposium (Developing Agenda):
* Loggers Workers Comp Premium-Reduction
- Terry Duke, Arthur J. Gallagher & Co.

* Loggers Workers Comp
- Brady Campbell, MS, CLCS, Commercial Insurance

* 2016 Tax Legislation
- Mike Caryl, Bowles Rice

* WV Road Weights
- Steve Yeager, Plum Creek - invited

* Another Possible Topic: At-Rick Species in WV

Noon - Luncheon

Visit http://www.naylornetwork.com/wvf-nwl/pdf/ABBrooksReg-01-19-16.pdf to view the full article online.

The following are points that quickly summarize the reason that a WV Loggers Council letter and two forms were mailed yesterday to WV loggers, with a return envelope (if you do not receive one, then call 304-372-1955 and ask)...

* The Insurance Commission advises though there is a Business Self-Insured "rule," there is no Group Self-Insured "rule," and that - although such a rule can be made without legislation - it can take 10 years to accomplish, with no promise of success. Plus, loggers would be ‘jointly and severally liable’ to one another, as Group Self-Insured and that’s OK. But we think they shouldn’t be ‘jointly and severally liable’ to/with existing Business Self-Insureds or other Groups. However...

* Possibly will not take legislation... Under the direction of the WV Loggers Council, loggers will soon receive an explanatory letter and request-forms to submit to their WC carrier to receive their "Loss Run" (claim histories).

* Depending on quantity (Loggers Council needs loggers to participate) and quality of results, the Arthur J. Gallagher Company will make a proposal for loggers’ WC premiums in WV.

* This company helped to successfully reduce problematic WC premiums for loggers in other states.

Visit http://www.naylornetwork.com/wvf-nwl/pdf/WC_Letter_for_WVLC.01-16.pdf to view the full article online.