Across Virginia

CHARLOTTESVILLE, Va. (AP) – A federal judge has dismissed a lawsuit against Charlottesville, its former police chief and the former Virginia State Police superintendent over their response to a white nationalist rally that descended into violence. A Verona-based law firm sued after the Aug. 12 rally on behalf of Robert Sanchez Turner, who said he attended to peacefully protest. The lawsuit said police and state troopers watched nearby but didn’t intervene as Turner was approached by “KKK members/sympathizers,” who sprayed him with mace and beat him. The judge wrote in an opinion Tuesday that there was no constitutional right supporting Turner’s claims against Al Thomas or Steven Flaherty, the police chief and superintendent at the time. The judge dismissed a claim against the city as well.Mike Donovan, president and CEO of Nexus Services Inc., the company that funds the law firm, said it has agreed to fund an appeal.

RICHMOND, Va. (AP) — Southwest Virginia lawmakers and coal industry representatives see hope for economic development in Gov. Ralph Northam’s decision to sign a bill reinstating a pared-down tax credit for certain coal producers, but environmental groups call the move a wasteful corporate giveaway.

The measure Northam signed earlier this month revives a tax credit that expired in 2016, after previous legislative attempts to bring it back were vetoed by former Gov. Terry McAuliffe.

This year’s bill is different in that it whittles down the recipients and expected cost to the state – only producers of metallurgical coal, used in steel production, are eligible. Before the credit expired, producers of steam coal, used to produce electricity, also qualified.

Northam said in a statement provided by his spokesman that he signed the legislation because he believes it will help metallurgical coal stay competitive and boost southwest Virginia’s economy.

“At the same time, because of its targeted nature, this legislation acknowledges the reality that we must continue to diversify our Commonwealth’s energy economy and make Virginia a leader in renewables and energy conservation,” Northam said.

The General Assembly’s watchdog agency, the Joint Legislative Audit and Review Commission, reviewed the effectiveness of the state’s tax credits in 2012. Its report covered the tax credit reinstated this year, which is meant to incentivize coal mine operators, and another meant to incentivize power producers to buy Virginia coal. The audit found that the credits significantly reduced the tax liability for producers, but that declines in Virginia coal mining activity “appear unaffected.”

Environmental groups pointed to that report’s findings as they expressed dismay Northam didn’t veto the bill.

“The industry has decreased despite these credits. … They’ve failed to do their stated purpose,” said Corrina Beall, legislative and political director for the Virginia chapter of the Sierra Club.

Opponents also argued that even though the tax credit won’t apply to coal being used to produce electricity – a process that contributes to global warming – all types of coal mining have negative environmental impacts.

“The environmental groups, they’re going to say anything negative they can against coal,” said Harry Childress, president of the Virginia Coal and Energy Alliance. “But I say people need to look back and see what this country was built on.”

The tax credit opens up the potential for existing mining operations to hire workers and replace aging equipment, or possibly for companies to open up new mines if market conditions are right, Childress said. Most metallurgical coal is exportable, and there’s a strong market for it overseas, he said.

The tax credit will also help Virginia, where it’s costly to produce coal because of thin seams and hard rock overlaying them, compete with other states, he added.

“Will we ever be back to where we were several years ago? No, we won’t, but we can come back some,” Childress said.

Northam initially declined to sign the bill, instead amending it so that the General Assembly would have had to pass it again next year before it could take effect. But a number of Democrats in both chambers joined with Republicans to reject the governor’s move.

“This is a big win for southwest Virginia and I am thankful for the cooperation with the governor’s administration,” Republican Del. Terry Kilgore, one of the bill’s sponsors, said in a statement after Northam signed the legislation.

Northam said his office negotiated amendments to the measure that will save the state $1.8 million over six years compared with the original bill, while directing $2.7 million over six years to the Virginia Coalfield Economic Development Authority for economic diversification efforts.

Overall, the state will be on the hook for less money than it has been in the past. A fiscal impact review of the bill estimates that 60 percent of credits claimed under the previously law were for metallurgical coal.

Lee Francis, a spokesman for the Virginia League of Conservation Voters, suggested that negotiations over Medicaid expansion – a priority of Northam’s that Kilgore has backed – likely played a role in the tax credit’s revival this year.

His organization thinks the governor made the wrong call and believes the money would be better spent subsidizing clean energy, perhaps in the form of a solar panel tax break, Francis said.

“At the end of the day, I think the big question is, do we give out tax subsidies to prop up industries of the past, or do we try to boost industries of the future?” he said.

RICHMOND, Va. (AP) – The Virginia House of Delegates plans to reconvene next week with plans to finalize a state budget.
GOP Speaker Kirk Cox announced Thursday that the House would gavel in on May 30.
Cox cancelled a House meeting earlier this week after the Senate delayed a vote Tuesday on the state budget. GOP Senate leaders said they needed another week to study a new budget proposal that includes Medicaid expansion.
The Senate is set meet May 29, and Senate Majority Leader Tommy Norment said he expects a budget to pass.
The disagreement over Medicaid expansion has led to a lengthy stalemate on the state budget.
State government will shut down July 1 if no budget is passed.

CHARLOTTESVILLE, Va. (AP) – A federal judge is set to hear arguments from white nationalists and others that a lawsuit against them over last summer’s violence in Charlottesville should be dismissed.
A hearing on motions from a number of defendants to dismiss the lawsuit brought by 10 Virginia residents is scheduled for Thursday morning in federal court in Charlottesville.
The lawsuit was filed in October by plaintiffs who said they were injured as a result of white nationalist events last August.
On Aug. 11, white nationalists marched through the University of Virginia campus with torches, chanting racist slurs. The following day, attendees of a rally and counterprotesters clashed violently.
Among those whose motions will be heard Thursday are Jason Kessler, Christopher Cantwell and Richard Spencer.

If you are hitting the highways this weekend or any time this summer, some familiar names sit at the top of gas station restroom ratings. GasBuddy asks its customers to rate stations for things like quality of restrooms. WFIR’s Evan Jones reports which ones appear at or near the top of the list in Virginia and many neighboring states:

Photo: Tunstall HS Cheerleaders Facebook

A Pittsylvania County high school community is mourning the loss of a senior who died less than a week before graduation. The State Patrol in North Carolina says 18-year-old Brandi Beckelheimer was killed when she fell out of a moving SUV Sunday night — after hanging out of the front passenger window. Beckelheimer was a cheerleader at Tunstall High School, where graduation ceremonies are set for this coming weekend. Troopers say the 17-year-old driver had alcohol in his system, and he faces charges that include driving while impaired and underage DWI.  The teens were returning from an outing at Hyco Lake southeast of Danville.

Click here for the Tunstall Cheerleaders Facebook page.

WASHINGTON (AP) – The Supreme Court has agreed to hear a challenge to Virginia’s decades-old ban on uranium mining. The Supreme Court said Monday it will hear the challenge to the ban, which has been in place in 1982. The ban’s challengers are the owners of a massive uranium deposit in the state’s Pittsylvania County. It is the largest known deposit of uranium in the United States. The deposit’s owners had attempted to get state lawmakers to overturn the ban between 2008 and 2013. When that failed, they challenged the ban in federal court. But lower courts sided with the state. The federal government had urged the Supreme Court to take the case. Virginia asked it not to.

RICHMOND, Va. (AP) — A federal appeals court says a man who received two partial pardons from Virginia governors is not entitled to further judicial review.

Travion Blount was initially sentenced to six life terms for his role in a 2006 Norfolk house-party robbery he committed when he was 15 years old.

But then-Gov. Bob McDonnell issued a partial pardon reducing the prison sentence to 40 years. Earlier this year, outgoing Gov. Terry McAuliffe cut the sentence even further, to 14 years.

In a decision issued Tuesday, the 4th U.S. Circuit Court of Appeals in Richmond ruled the pardons Blount received render his request for a new sentencing hearing moot. Blount initially sought the resentencing following a U.S. Supreme Court ruling barring life sentences for juveniles convicted of non-homicide crimes.