• Skip to primary navigation
  • Skip to main content
  • Skip to footer
appalachian citizens law center logo

Appalachian Citizens' Law Center

We Fight for Justice in the Coalfields

  • Who We Are
    • About Us
    • Staff & Board
    • Internships & Fellowships
    • Job Openings
    • Contact
    • Financials
  • What We Do
    • Environmental Justice
    • Miners’ Health & Safety
    • Policy & Research
    • Advocacy
  • Get Help
    • Federal Black Lung Benefits
    • Black Lung Associations
    • Environmental Problems
    • Mine Safety Discrimination
  • Take Action
  • News
  • DONATE

PRESS RELEASE: MINERS WITH BLACK LUNG LAUNCH TWO WEEKS OF DEMONSTRATIONS URGING SEN. CAPITO TO BACK 10 YEAR EXTENSION OF BLACK LUNG EXCISE TAX

December 3, 2021 Black Lung, Press Release

FOR IMMEDIATE RELEASE

Updated December 6, 2021

Media Contact:

Trey Pollard, 202-904-9187, trey@pollardcommunications.com

Due to inclement weather and the increased risk it poses to people with black lung, these demonstrations have been postponed.

Postponed: Media Invited to Attend as President of National Black Lung Association Kicks off Daily Demonstrations Outside Sen. Capito’s Charleston Office on December 6

CHARLESTON, WV – Today, the National Black Lung Association announced it would hold two weeks of daily demonstrations to urge Senator Shelley Moore Capito to support a critically-needed 10-year extension of the Black Lung Excise Tax. Beginning on Monday, December 6, several miners suffering from black lung and their supporters will peacefully demonstrate outside of Capito’s Charleston office every weekday until December 17, from noon to 2pm ET, in an effort to secure her support for the Black Lung Benefits Disability Trust Fund Act of 2021. 

 MEDIA INVITED:

Who: Members and Supporters of the National Black Lung Association

What: Kick-off Demonstration Urging Senator Capito to Support 10-year Extension of Black Lung Excise Tax

When: December 6 at 12pm ET (and every weekday from 12-2pm until December 17)

Where: Outside of Capito’s Office at 500 Virginia Street East, Charleston, WV

“Everyone says how we need to support coal in West Virginia, but people don’t realize that they’re not really supporting miners, just the companies. We’re out here on the street because we need everyone to know what black lung is putting us through, and that we need their backing,” said Gary Hairston, President of the National Black Lung Association, and President of the Fayette County (WV) Black Lung Association. Hairston will be present to kick-off Monday’s events and on the concluding day of the demonstrations. 

Earlier this year, Senator Manchin introduced the Black Lung Benefits Disability Trust Fund Act of 2021 to extend the Black Lung Excise Tax for 10 years, but Capito has yet to endorse the bill or any extension of the excise tax this Congress. The excise tax is the only dedicated source of revenue for the Black Lung Disability Trust Fund (BLDTF), a fund that is already over $4 billion in debt. The BLDTF pays for medical benefits and provides a small monthly living stipend to coal miners who are disabled by black lung disease, and to their surviving dependents. Over $40 million in benefits from the fund was distributed to families in West Virginia during 2020, and over $162 million was distributed nationally. Without congressional action, the excise tax will be cut in half at the end of the year.

“If we don’t get this bill passed, the debt will just keep on building up,” Hairston said. “Sooner or later, the companies will be paying nothing and the taxpayer will have to pay everything. We need Senator Capito to support the 10-year extension so that we don’t have to worry about if our benefits are going to keep being funded. If Senator Capito would join Senator Manchin on this, it would let everybody know that this isn’t about one party. It’s something that the people of West Virginia really need. I’m really hoping they will get together on this.”

Coal miners are facing an epidemic as black lung disease has risen to historically unprecedented levels, hitting a 25-year high in Appalachian coal mining states. The incidence rate of black lung, a preventable disease caused by exposure to coal dust and silica on the job, has doubled nationwide since 2000. 1 in 5 veteran coal miners in Central Appalachia now have the disease. Many miners diagnosed with the disease today are younger and sicker than ever before. 

“Without sufficient funding from the excise tax on coal, miners disabled by black lung will have a more difficult time obtaining compensation to support their families.” said John Cline, a Beckley attorney who represents miners with black lung. “West Virginians are already struggling economically, and families cannot afford any delay or reduction in black lung benefits. This funding is an absolute necessity!”

Background:

Coal miners who are disabled from black lung, as well their surviving dependents, are entitled by law to modest living and medical benefits. The Black Lung Disability Trust Fund pays for these benefits in cases where the miners’ employer has gone bankrupt or where no coal company can be identified as responsible for the miner’s disease. 

The trust fund is more important now than ever because a wave of bankruptcies in the coal industry has created increased pressure on the program. It is supported by a small excise tax paid by companies per ton of coal sold domestically, at a rate that was unchanged for more than three decades: $0.55/ ton of surface mined coal, and $1.10/ ton of coal mined underground. 

In 2018, the excise tax was reduced and collected at less than 50% of its historic rate for the entirety of 2019, pushing the BLDTF deeper into debt. In 2019 and 2020 the higher, historic rate of the excise tax was reinstated through one-year tax extender bills, but the rate will be cut in half again at the end of this year without action from Congress. The Black Lung Disability Trust Fund Acl would extend the Black Lung Excise Tax on coal sales at the current tax rates for 10 years. Meanwhile, the Build Back Better Bill that recently passed through the House of Representatives includes a 4-year extension to the tax. A 10-year extension provides longer-term security for the fund, and for the miners who depend on it compared to short-term, one-year extensions. 

Footer

Appalachian Citizens' Law Center

317 Main St, Whitesburg, KY 41858

(877) 637-3929 Toll Free

(606) 633-3929

© Addison Williams Hero Image

Recent Posts

  • Amid Chaos Caused by Funding Cuts, Layoffs, and Policy Rollbacks, Appalachian Leaders Release Appropriations Priorities for Congress
  • Assault on Coal Miners Continues as MSHA Halts Enforcement of Life-Saving Silica Dust Safeguard
  • ANNOUNCEMENT: ACLC Welcomes Caroline Rubens As New Fundraising Officer
  • Our statement on the dismantling of the National Institute of Occupational Health and Safety
  • Advocates Call on Congress to Make Sure Coal Companies Don’t Skip Out on Black Lung Responsibilities

Recent Comments

    Archives

    • May 2025
    • April 2025
    • March 2025
    • February 2025
    • December 2024
    • September 2024
    • August 2024
    • June 2024
    • May 2024
    • April 2024
    • March 2024
    • February 2024
    • January 2024
    • October 2023
    • September 2023
    • August 2023
    • June 2023
    • April 2023
    • March 2023
    • February 2023
    • January 2023
    • December 2022
    • November 2022
    • October 2022
    • September 2022
    • August 2022
    • July 2022
    • June 2022
    • May 2022
    • April 2022
    • March 2022
    • January 2022
    • December 2021
    • November 2021
    • October 2021
    • September 2021
    • August 2021
    • July 2021
    • June 2021
    • May 2021
    • April 2021
    • March 2021
    • February 2021
    • January 2021
    • December 2020
    • November 2020
    • October 2020
    • September 2020
    • August 2020
    • July 2020
    • June 2020
    • May 2020
    • April 2020
    • March 2020
    • February 2020
    • January 2020
    • November 2019
    • October 2019
    • September 2019
    • August 2019
    • July 2019
    • June 2019
    • May 2019
    • April 2019
    • March 2019
    • February 2019
    • January 2019
    • December 2018
    • November 2018
    • October 2018
    • June 2018
    • May 2018
    • April 2018
    • January 2018
    • June 2017
    • May 2017
    • December 2016
    • November 2016
    • October 2016
    • September 2016
    • August 2016
    • February 2016
    • January 2016
    • December 2015
    • October 2015
    • September 2015
    • August 2015
    • July 2015
    • June 2015
    • February 2015
    • December 2014
    • November 2014
    • October 2014
    • September 2014
    • August 2014
    • July 2014
    • June 2014
    • May 2014
    • April 2014
    • March 2014
    • February 2014
    • January 2014
    • December 2013
    • July 2013
    • June 2013
    • May 2013
    • April 2013
    • March 2013
    • February 2013
    • January 2013
    • December 2012
    • October 2012
    • September 2012
    • August 2012
    • July 2012
    • June 2012
    • May 2012
    • April 2012
    • February 2012
    • September 2011
    • August 2011
    • May 2011
    • February 2011
    • January 2011
    • September 2010
    • August 2010
    • July 2010
    • June 2010
    • May 2010
    • April 2010
    • February 2010
    • January 2010
    • January 1970

    Categories

    • Abandoned Mine Lands
    • ACLC News
    • Advocacy
    • Bankruptcy
    • Black Lung
    • Case Study
    • COVID-19
    • Environmental
    • Flooding
    • Just Transition
    • Justice
    • Mine Safety
    • Press Release
    • Uncategorized
    • Water

    Meta

    • Log in
    • Entries feed
    • Comments feed
    • WordPress.org
    • Who We Are
      • About Us
      • Staff & Board
      • Internships & Fellowships
      • Job Openings
      • Contact
      • Financials
    • What We Do
      • Environmental Justice
      • Miners’ Health & Safety
      • Policy & Research
      • Advocacy
    • Get Help
      • Federal Black Lung Benefits
      • Black Lung Associations
      • Environmental Problems
      • Mine Safety Discrimination
    • Take Action
    • News
    • DONATE

    Sitemap

    Copyright © 2025 Appalachian Citizens' Law Center

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok