NMA Applauds Clarity on Waters of the U.S.

The National Mining Association (NMA) has released the following statement from Rich Nolan, NMA President and CEO, on the Environmental Protection Agency's (EPA) proposed definition of "Waters of the United States" (WOTUS).

 

Rich Nolan

Nolan said, "Companies operating across all stages of mining have worked to move projects forward in a regulatory environment that has most closely resembled a ping-pong match with ever-changing rules. Our urgent minerals and energy needs are clear, and the regulations that allow us to meet those needs should be equally clear. We applaud the EPA's careful consideration of federal and state jurisdiction, definition of what constitutes a covered water feature that provides more regulatory certainty, and alignment with the Supreme Court's Sackett decision, all while ensuring the rigorous environmental protections that are key to any responsible project. The NMA looks forward to providing comments to EPA in support of the proposed rule."

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2025 Mine Fatalities Exceed Last Year's Total

The mining industry is up to 29 fatalities this year, with the Mine Safety & Health Administration (MSHA) shedding light on fatal mine accidents that happened during the 43-day government shutdown.

As the government reopened, MSHA reported on a fatal accident that occurred Sept. 29, as well as two fatalities in October and another two in November.

The Sept. 29 incident, which took place at an underground Nevada gold mine, was classified as a powered haulage accident. Less than three weeks later, on Oct. 16, a miner died at a lime facility in an accident MSHA classified as a slip or fall of a person.

Another miner died Oct. 28 at a crushed stone operation in Florida. MSHA characterized the incident as a powered haulage accident. Yet another miner died in a powered haulage accident Nov. 6 at an underground coal mine in West Virginia.

The last MSHA-reported fatality also occurred in West Virginia, with MSHA attributing the Nov. 8 accident at an underground coal mine to inundation.

Of the 29 fatal mine accidents in 2025, nearly half (13) were due to powered haulage. MSHA attributed four fatal accidents this year to machinery.

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Another Winter Living on the Edge

The November wind has arrived with winter nipping at its heels. Here in Washington, the mercury dropped below freezing for the first time this fall as snow began to blanket Midwestern states. 

Right on cue, the North American Electric Reliability Corp. (NERC) previewed its annual Winter Reliability Assessment. NERC warns region-wide cold snaps – much less a punishing polar vortex – could cause serious challenges. And with bitter cold blasts a given, challenges are all but a certainty.

NERC says widespread events that stretch across grids could lead to electricity supply shortfalls. The past few winters have seen nail-bitingly close calls and even rolling blackouts. With power supplies now even more stretched due to rising demand driven by the rapid emergence of major new industrial electricity users – notably data centers – we are tapdancing on the edge of catastrophe.

While the Trump administration has worked with urgency to halt the loss of essential dispatchable power plants – with a focus on undoing the unworkable and punishing Biden-era regulatory assault – the loss of so much coal generating capacity over the past decade has left reserve margins perilously tight.

Despite having faced a regulatory blitz, the coal fleet has repeatedly come to the rescue during winter months and it will likely be needed more than ever this year. .

The nation’s reliability regulators couldn’t be clearer about the danger we now face.

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