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  • March 14, 2021

Jefferson County Foundation continues to spring forward with momentum in the fight to protect our region’s natural resources. Recent developments prove that we must act with incredible urgency. Now is the time to support these critical actions. Please donate if you can. To update you:

Educate and Empower the Public

The Foundation has filed four more FOIA to state and federal government agencies due to new issues which continue to arise. The FOIA requests are time consuming but necessary as we continue to seek truth in matters that affect our region’s natural resources.

Advocate to Regulators and Leaders

Photo of B170 as of July 15, 2020. Gravel-covered. No enclosure.

The Foundation sent a letter to the West Virginia Department of Environmental Protection (DEP) and the federal Environmental Protection Agency (EPA) regarding Rockwool’s inaccurate and incomplete form submission for Resource Conservation and Recovery Act (RCRA), which requires the company to notify the EPA about how it intends to handle regulated waste at its facility. Rockwool cannot continue to be allowed to submit inconsistent, incomplete and inaccurate information for permits. It’s simply not protective of the environment and will lead to the degradation of our natural resources and the downturn of our economy, health, safety, and welfare. Read the full letter here.

The Foundation sent a letter of complaint to the DEP regarding the lack of proper public notice about the Sheetz Truck Facility Construction Stormwater General Permit (CGP) application. Sheetz, Inc. applied for a new permit on November 20, 2020, and as of the date of our letter, still had not posted the public notice sign as required by this type of permit. A public notice sign is the only method by which the public may become aware of this type of project and be drawn to review the permit and offer comment. Violations of these requirements in the CGP effectively eliminate the involvement of the public in the review process, and remove an avenue for the public to seek relief that was clearly intended by the CGP. We continue to hold the DEP to the requirements of the law and await the response on this matter.

Legal Updates

Constitutionality of the $150M Tax Abatement Deal with WVEDA

The Foundation is appealing the decision of the judge who dismissed the case in the legal challenge of the constitutionality of the $150 Million tax abatement deal the WVEDA made with Rockwool. The case was dismissed because the business court concluded that the legislature intended to allow these types of arrangements. The court did not answer the constitutional question or if the constitution allows these arrangements. We are appealing the decision as constitutionality was the basis of our suit. The constitution requires equity; every entity pays their fair share. For more information about this case and our view of PILOTs in general, read here.

Rockwool Stormwater Construction Permit Hearing Continues this Thursday

The Jefferson County Foundation v. WVDEP and Rockwool case that challenges Rockwool’s Construction Stormwater permit continues this Thursday. The hearing, which started last year, was originally continued into January at the request of the DEP so they could complete the certified record. The DEP was again unable to deliver the certified record in time for the hearing and now the hearing has been rescheduled for this Thursday. For more information on this case, please read here. We will share the link to watch the hearing on our Facebook page closer to the date.

Preparing for Discovery for Rockwool’s Operational Stormwater Permit Appeal

The Foundation continues to work on discovery in the appeal of Rockwool’s operational stormwater permit. The new expert’s assessment is underway. The evidentiary hearing has been set for April 8 and 9. Read the appeal.

Charles Town Votes on Resolution to Abandon the Bond to Pay for the Super Sewer to Rockwool

We are relieved to see that Mayor Trainor listened to the Foundation’s call last November to abandon the bond and require Rockwool to pay for its own sewer through the 5.5-7h process it has relied upon to build the sewer. The Charles Town City Council will vote on Monday, March 15 on a resolution to declare the ordinance moot. The Foundation would like to thank the over 1,500 people who signed the petition in opposition of the bond, and the volunteers from the Super Blue Petition Crew that helped gather these signatures. We collected signatures from well over 30% of the free holders, representing 34% of the adult population of Charles Town, all in eight weeks. As the Blue Petition Project Manager, I would personally like to thank those who gave countless hours of tireless dedication to getting the job done, in an amazingly short amount of time! 

Support the Foundation’s Work

Please check out our 2020 Annual Report. The discovery process is expensive, but necessary in order to submit more evidence into the record. We appreciate your support while we are conducting this process. Please, if you are able, consider a donation to the Foundation Legal Fund. You can donate safely and easily online at the Foundation’s website. You can also help by sending a check to Jefferson County Foundation, Inc., PO Box 460, Ranson, WV 25438.

For those that are contributing, we thank you for your dedication to bring truth to light and to protect our natural resources. We appreciate your continued support!  In the meantime, we’ll keep you posted on how our active cases are going.

  • January 29, 2021

Today, the Jefferson County Foundation filed its response to the West Virginia Economic Development Authority’s (WVEDA) attempt to dismiss the Foundation’s challenge of the WVEDA’s plan to give Rockwool a break from property taxes for up to 10 years and up to $150 million in bonds for Rockwool’s benefit. 

Read the response.

Jefferson County Foundation’s response to Motion to Dismiss from WVEDA and RockwoolDownload

The Foundation brought the WVEDA’s plan to our community’s attention in September of 2019 after surfacing information about it via the Foundation’s FOIA requests.  Our legal action against the WVEDA challenges the constitutionality and legality of the tax exemption that the WVEDA is attempting to provide Rockwool.  

The next step in the proceeding is for the Circuit Court judge in Charleston to rule on the motions to dismiss our challenge that the WVEDA and Rockwool have filed to protect the tax relief scheme. The Foundation has requested oral argument and looks forward to the opportunity to explain to the court why such tax breaks violate the Constitution’s requirement for fair and equal taxation while subsidizing certain companies at the expense of the state’s taxpayers.

About PILOT Agreements

For more information about PILOT (Payment in Lieu of Taxes) agreements, please see here.

  • July 5, 2020

The Foundation’s legal and regulatory team is hard at work on multiple fronts with the common objective to protect Jefferson County from the threat of heavy industry.

This update summarizes some of our current legal actions aimed at two key areas: 

  • ensuring that Rockwool is not allowed to cut corners on – or worse yet, ignore — compliance when it comes to environmental permit requirements, and
  • challenging the illegal tax breaks provided to Rockwool by West Virginia.

This work involves analysis of highly-technical and complex topics and it requires consistent and persistent attention because unfortunately our opposition is clever and well-resourced.

The Foundation Legal Fund

Thankfully, generous donors and hard-working volunteers are making our work possible, and we are making progress. If you agree that heavy industry threatens our region’s health, environment, and economy, please show your support by making a fully tax-deductible contribution to THE FOUNDATION LEGAL FUND. Help us keep up the fight! 

Donate

Environmental Permit Cases

Rockwool claims one of the reasons it located in Jefferson County, WV was the “regulatory environment” and “permitting considerations.” Seems that it got what it came for, unfortunately. Our team has discovered, and is challenging, multiple examples of Rockwool’s being allowed to cut corners and ignore standards and rules that are meant to protect us from contamination of our ground and surface waters.

Background 

In order for any entity to disturb more than an acre of ground, a valid stormwater permit is required to protect the ground and surface waters of our region.

Rockwool Ranson site

When Rockwool’s application for coverage under the construction stormwater General Permit was originally submitted, it was reviewed for only 11 days before approval. In its evaluation of the permit registration application, the Department of Environmental Protection (DEP) failed to note that:

  • Rockwool did not follow the Site Selection Criteria (West Virginia Legislative Code §47-58, Groundwater Protection Regulations, Section 4.10) and should never have been sited in this location;
  • Rockwool did not provide a sinkhole remediation plan;
  • Rockwool did not follow the “preferred” or even the “adequate” practices for stormwater design in karst as prescribed in the guiding documents of the DEP;
  • Rockwool did not provide a topographical map with the required elements;
  • Rockwool claimed to have no buried utilities while having both liquid oxygen and gas lines;
  • Rockwool claimed it had no outdoor process activities while it plans to operate an outdoor portable crusher.

Most egregiously the DEP allowed Rockwool to avoid public comment and notice by failing to require Rockwool to correct its reported “limit of disturbance” and its absurdly short (21 week) construction timeline.

In addition, the DEP did not require Rockwool to reapply for a stormwater permit as mandated, any of the several times their permit was modified. Then the DEP allowed Rockwool to operate without a valid permit for almost a year. These maneuvers further blocked the public’s ability to have input on Rockwool’s stormwater discharge management plan.

Rockwool finally reapplied for coverage last fall and repeated all of the errors noted above. Despite ample public opposition and scrutiny most of the public comments were only addressed in a cursory way and the permit was approved by the DEP. Jefferson County Foundation is appealing this permit (see below).

Route 9 Sewer Project

There is another stormwater permit-related set of issues. In 2019 when the DEP attempted to issue a new NPDES construction stormwater General Permit, that would have imposed more stringent requirements on both Rockwool’s construction project as well as the construction of the Rt. 9 “Super Sewer” to Rockwool project by Charles Town, David Yaussey (a prominent industry-side lawyer who represents Rockwool and multiple companies and associations in the state) filed an appeal to loosen or eliminate these requirements. The EPA, which must approve the changes, said “no.” What did the DEP do then? It disregarded the EPA, and issued an Order that allowed Charles Town to ignore the 2019 permit requirements. The DEP did the same thing for 697 other entities. Now Charles Town is building the Rt. 9 Sewer without a karst mitigation plan as required by the 2019 NPDES permit.

The Foundation’s Legal Challenges to These Environmental Permits

Jefferson County Foundation, and several citizens, have now sued the DEP in both cases – and the WV Environmental Quality Board (which hears initial appeals of DEP actions) has allowed all the players into the lawsuits:  Charles Town and CTUB, represented by Steptoe & Johnson; Rockwool represented by Spillman, Thomas and Battle, the lawyers who routinely threaten to sue anybody who threatens Rockwool; and Lee Snyder, represented by Jackson Kelly. This is some heavy legal firepower lined up against our efforts to hold DEP and Rockwool accountable for compliance with the law and the protection of our waters.

But we are making progress and are fully engaged.  Last week we filed over 2,000 pages of documents and answered over 60 legal discovery questions filed by the other side seeking such ridiculous and harassing information as the Foundation Board members’ septic tank maintenance records! And, the Foundation just filed our own discovery requests, seeking information about how the DEP could allow these projects to proceed without valid permits. We have asked the EQB to allow us to take a dozen depositions of employees of Rockwool, Snyder, CTUB, and the DEP.  We have hired an expert in karst hydrogeology and our technical team members are analyzing the 1,000 pages of certified DEP record in both cases. We are represented by Chris Stroech of Arnold & Baily with help from the Foundation’s team of permitting experts, pro-bono lawyers, and other volunteers,

Both permitting cases are set for hearing in October and November, with deadlines and legal filings due every few weeks before then.  

Environmental permits are required for a reason – and the DEP’s willingness to be bullied by the big law firms into sacrificing our water quality in favor of corporate desires for leniency, needs to be exposed and stopped.

Want more information? See our filings here.

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Rockwool and Its Taxpayer-Subsidized “Free Money”

In 2019, without addressing the constitutionality of state tax incentives for Rockwool, Circuit Court Judge David Hammer ruled the original Payment In Lieu Of Taxes (PILOT) agreement that Rockwool had entered into with the Jefferson County Development Authority and other regional and local entities was invalid. Not to be deterred, Rockwool sought and obtained a tax-advantaged arrangement, providing for the issuance of up to $150 million in state-backed bonds, through the Charleston-based state agency, the WV Economic Development Authority, again without notice to the public. 

On April 23, 2020, the Jefferson County Foundation filed suit in Kanawha County Circuit Court challenging the constitutionality of the agreement between Rockwool and the WVEDA.

Notably, this agreement relieves Rockwool of state and local tax obligations for its property and equipment for 10 years.

Rockwool and its allies have filed two motions in response to the Foundation’s challenge: a motion to dismiss and a motion to move the case to a specialized “business court” where presumably it believes it will receive a more favorable hearing. Jefferson County Foundation has filed responses to both motions and are awaiting the court’s rulings. 

Rockwool is represented by the law firm of Spilman Thomas & Battle. The Foundation is represented by Chris Stroech of Arnold & Bailey, Robert Bastrass III of DiPiero Simmons McGinley & Bastrass, and noted constitutional law professor Robert Bastrass, Jr. 

The outcome of this case will have statewide implications and we are committed to seeing it through. The West Virginia Constitution promises that everyone will be taxed fairly and equitably. The scheme under which Rockwool gets 10 years’ worth of no property taxes is neither fair nor equitable, and it is not constitutional!

For more information on the Foundation’s challenge to the constitutionality of Rockwool’s tax break, see the filing here. 

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Support Our Efforts

If you agree that heavy industry threatens our region’s health, environment, and economy, please show your support by making a fully tax-deductible contribution to THE FOUNDATION LEGAL FUND. Help us keep up the fight! 

  • July 4, 2020

Rebutting the recent article in the Spirit of Jefferson on July 1, 2020

The Spirit of Jefferson published another Rockwool propaganda piece on July 1, 2020, with no apparent regard for the facts and no effort made to cite real sources. Here is our fact-based rebuttal. 

120 vs. 150 Jobs

In May of 2019, Rockwool finalized a deal with the West Virginia Economic Development Authority (WVEDA). This deal was a bond lease agreement in which the WVEDA will take ownership of Rockwool’s land and property for 10 years, which means Rockwool will not need to pay property tax during that time. The WVEDA also promised Rockwool up to $150 million in loans fulfilled with state-backed bonds. When it came time to sign the agreement on the dotted line, Rockwool was willing to commit only to “120 full-time equivalent jobs.” And in another WVEDA deal, this time in November 2019 to obtain state help to pay for its water lines, Rockwool again committed only to “120 full-time equivalent jobs.” That is one-fifth less than the 150 jobs the July 1 article claims.

Downloads

Spirit Rebuttal
Fact SheetDownload
WVEDA Rockwool Bond deal May 2, 2019Download
Deloitte Economic Impact Study – Project ShuttleDownload
Ranson 2017-2018 BudgetDownload

Good paying jobs? Depends on your math.

Figure 1. Source, City of Ranson, West Virginia Proposed Fiscal Year 2017-2018 Budget

The article also repeated a claim of Espinosa, who apparently said that Rockwool would “generate” between $500,000 and $750,000 in taxes to Ranson a year. It would be very interesting to know what taxes these would be. According to Ranson’s 2017-2018 budget, the Revenue for the General Fund has three major sources: the Ad Valorem or property tax, B&O tax, and the 1% sales tax (Figure 1). With the execution of the WVEDA bond lease agreement as discussed above, Rockwool will have no property tax obligation and therefore, Ranson will collect no Ad Valorem Tax from Rockwool. The 1% sales tax is collected on retail sales and since Rockwool will have no appreciable retail sales in Ranson it therefore will not generate revenue for Ranson through the retail sales tax. B&O tax is also assessed on sales. The plant in Ranson is a manufacturing operation and Rockwool’s sales will likely be made from their headquarters in New Jersey. Therefore, Ranson is unlikely to collect any B&O tax from Rockwool either. The remainder of the taxes that round out the revenue for the Ranson General Fund are Hotel-Motel Tax, Fines and Fees, Charges to Other Funds, Garbage Service, Utility Tax, and Wine and Liquor. It is not plausible that Rockwool will be contributing significantly to any of these revenue streams. Where will this half- to three-quarters of a million dollars in tax revenue from Rockwool come from?

Paul Espinosa, public affairs manager for Rockwool Ranson and current member of the West Virginia House of Delegates (representing District 66), is cited as claiming that Rockwool’s employees will make on average $42,700 a year. This is a notable reduction from what was promised. A 2017 Deloitte economic impact study we obtained via FOIA, which was used to convince local leaders in the JCDA and elsewhere to support Rockwool, claimed the average yearly salary would be $46,611. Espinosa’s claim thus represents a surprising $3,911 per year reduction, or a more than 9% lower average pay from what was promised. Worse yet, according to the Deloitte economic impact study, paid for by Rockwool, the majority of workers (117 of them) will make an average of $31,000 a year – nowhere close to the $46,611 a year that was used to woo our public representatives.

$750,000 vs. nearly nothing


Figure 2. Source, Deloitte Economic Impact Study: Project Shuttle

It is likely that by “generate” Espinosa was slyly referring to “Indirect and Induced taxes” not taxes Rockwool will actually pay. This calculated estimated, explained in the Deloitte study, considers taxes generated by “business-to-business and household expenditure activities arising from the direct impact of Rockwool’s operations”. The issue is as explained above these business-to-business transactions will not occur in Ranson to any significant extent, because Rockwool’s suppliers are outside of Ranson. Similarly, the employees of Rockwool’s suppliers likely live nearer to those businesses and pay taxes there. Further may of the taxes taken into consideration in this calculation are state and federal not municipal taxes as can be seen in table 8.

The article also published Rockwool’s claim that for the first 10 years Rockwool will pay $40,000 in property and “other taxes.” Is Espinosa referring here to a payment in lieu of taxes? If so, we note that no payment in lieu of taxes is called for in the May 2019 WVEDA deal (which simply absolves Rockwool of their property tax burden altogether for a decade) and no other agreement providing for payments of this type can be found. And the article fails to say that only a minor portion (17%, according to the 2019 levy rate sheet) of this property tax money would go to Ranson no matter how much is paid. 

Unexplained projections?

Espinosa further touts a $21.8 million yearly increase in economic activity in the county and claims that $5 million of that will be in Ranson. Frankly any rational consideration of this representation indicates it is impossible. What goods will Rockwool purchase in Ranson? There are no quarries in Ranson, no coal mines, no fracking pads, no formaldehyde concentrate dealers, no liquid oxygen suppliers – so what is Rockwool buying in Ranson to produce this $5 million impact? It is not plausible that this will all come from employee spending in Ranson. Even if every employee spent every last dollar they made after taxes and Rockwool indeed paid out $6.4 million in payroll it would not amount to $5 million in impact. This is just another in the long line of misleading and easily disproven claims to be made by Rockwool in its efforts to bring heavy industry to Jefferson County. 

  • May 9, 2020

April 19, 2020

The Jefferson County Foundation continues to work hard on multiple fronts to serve the people of our region. This report covers the Foundation’s activity in April thus far. Contact us to receive updates directly at https://bit.ly/3anQcIr. As always, we sincerely appreciate your support of our work. http://bit.ly/33yxyKc

Foundation Files Constitutional Challenge to Illegal Tax Breaks for Rockwool 

This past week, Jefferson County Foundation formally filed a lawsuit in the Kanawha County Circuit Court against the West Virginia Economic Development Authority (WVEDA) and Roxul USA, Inc. alleging the unconstitutionality of the WVEDA’s resolution to authorize tax breaks for Rockwool. The WVEDA disregarded clear local community opposition to the Rockwool project and authorized up to $150 million in state bonds secured by Rockwool’s Ranson property which would be held by the state for up to 10 years during which time Rockwool would not pay taxes. This scheme is blatantly unfair and illegal as it allows uneven application of tax laws which is prohibited by Article X of the West Virginia Constitution. On the Foundation’s legal team for this challenge is a leading West Virginia constitutional law scholar from WVU Law. To read about the complaint, go here: http://bit.ly/2wWTbte

Foundation Seeks Legal Stay of Route 9 Sewer Construction Until Proper Permitting Put in Place 

On April 6, Jefferson County Foundation filed a Motion to Stay to stop the construction of the Route 9 Sewer until the public comment period and the new permit registration under the 2019 construction stormwater general permit could be approved. Importantly, the 2019 permit requires a Karst Mitigation Plan be developed and followed. Unfortunately, the Order under which construction is currently taking place allows work to be done under the 2012 permit conditions, which lack Karst Mitigation Plan requirements. Because of the karst hydrogeology of the area in which the sewer is being installed, there are both immediate and long-term risks to the groundwater.

On Wednesday, April 15, there was a hearing on the Motion to Stay before the WV Environmental Quality Board (“EQB”). Through its counsel the Foundation argued that if the area aquifers were contaminated with construction runoff or sewage, this would be an irreparable harm and that suspension of the construction was appropriate to make the process safer. Charles Town and CTUB hired counsel to represent them in this proceeding, likely paying thousands of dollars of taxpayer money to argue against the Foundation’s request to temporarily stop the construction so that appropriate precautions could be taken. For their part, Rockwool and Snyder Environmental also intervened in the Foundation’s appeal of the WV Department of Environmental Protection (“DEP”) action. The way the Foundation sees it, they argued that their time and money is more important than protecting our environment. The lawyer from Snyder Environmental in fact said that if there was some sort of contamination, damages could just be paid. While we realize this is how corporate lawyers usually think, this is relatively shocking coming from a locally owned business that purports to care about the local people. In the end, unfortunately, the EQB sided with those who argued that they would lose money if the project was suspended until appropriate permit conditions could be applied and met.

We are sorely disappointed that Snyder Environmental, Inc. and the City of Charles Town will be allowed to complete the Rockwool sewer without proper compliance with the appropriate permit’s conditions that would have protected Jefferson County water. The WVEQB did not recognize the irreparable harm caused by not having appropriate karst protections in place. If something happens in the future due to the ways this sewer is being built, we should all remember the response of these parties to the Foundation’s straightforward request that there be compliance with the right construction stormwater permit. Jefferson County Foundation is evaluating next steps on this matter.

Foundation Files Comments on Charles Town Construction Stormwater Permit Application

On Friday, the Foundation submitted public comment on Charles Town’s Construction Stormwater General Permit Registration Application to the DEP. You can read our comments here (https://bit.ly/3anQcIr). The public submitted almost 100 comments via our website to the DEP. When asked to supply more detail in the GPP (Groundwater Protection Plan) to make it site specific, CTUB instead just whited out the word generic and construction site and wrote in the route 9, and added no further detail (see the photo. We did not edit these, it’s all CTUB). We will be keeping an eye on this proceeding and will keep you posted.

Foundation Follows Up on Millville Violations Complaint 

This week, the Foundation’s permitting and monitoring teams followed up to confirm appropriate actions are being taken to address Millville Quarry stormwater violations from the March 11 inspection conducted as a result of our DEP complaint. Limestone sludge had been previously found to be running into the Shenandoah River through an unpermitted outlet. The Millville Quarry has reported to the DEP inspector that they have improved their stormwater handling but they have still not removed the sludge from the outlet or the culvert. We are pleased to report that the DEP inspector assigned to this matter is working diligently to ensure they come into compliance. We would like to thank her for her dedication and hard work on this issue.

Jefferson County Foundation Supports WV Rivers Coalition Work on Important Regulation 

We encourage you to submit public comment to the DEP to oppose the use of a weakened standard for assessing aquatic life as part of water quality compliance testing. Our friends at WV Rivers have made it easy to submit comments on their website and they have great information on the subject here: https://wvrivers.salsalabs.org/wvdepbiologicalas…/index.html

  • March 13, 2020

Leading constitutional scholar leads Jefferson County taxpayers challenge to tax forgiveness scheme that illegally favors Denmark-based multinational over other West Virginia taxpayers

Citing clear language in the West Virginia State Constitution in its support, Jefferson County Foundation sent notice that its intends to file suit in Kanawha County Circuit Court to block the state from illegally exempting Rockwool from real and personal taxes on a proposed industrial facility in Jefferson County.

Download Jefferson County Foundation’s Complaint (.pdf)

West Virginia University Law School Professor Robert M. Bastress filed the complaint along with co-counsel law firms Arnold & Bailey, PLLC and DiPeiro, Simmons, McGinley & Bastress PLLC. A noted constitutional law authority, Professor Bastress has litigated and written extensively on the history and meaning of the state constitution and is the author of The West Virginia State Constitution (Oxford University Press, 2016).

On May 2, 2019, the West Virginia Economic Development Authority (WVEDA) authorized the issuance of up to $150 million in lease revenue bonds for a term of up to 10 years, during which the WVEDA would hold title to Rockwool’s Jefferson Orchards property which includes approximately 130 acres of land. Jefferson County Foundation’s complaint alleges that the arrangement violates Article X, Section 1 of the West Virginia Constitution since WVEDA’s interest in the Jefferson Orchards property would be exempt from ad valorem taxes, and as a result, Rockwool would not have to pay the same real and property taxes as other individual and business taxpayers in the state.

WVEDA’s May 2019 action in Charleston took place even as the Circuit Court in Jefferson County was considering a challenge to a similar tax-relief scheme using a so-called Payment In Lieu of Taxes (PILOT) agreement involving Rockwool, the Jefferson County Development Authority, and other county and local and state government entities. In August 2019, the court ruled the PILOT agreement to be invalid without having to reach the issue of its constitutionality.

“West Virginia’s constitution is clear in its requirement that ‘taxation shall be equal and uniform’ and the WVEDA’s action equally clearly violates it,” observed Professor Bastress. Co-counsel Christopher Stroech of Arnold & Bailey added, “this case presents an ideal opportunity to confirm and clarify the scope of the Constitution’s tax uniformity clause, especially in light of the invalidation of the Rockwool PILOT agreement on other grounds.”

Dr. Christine Wimer, president of Jefferson County Foundation, commented that “individual taxpayers, like me, as well as long-time West Virginia businesses who aren’t getting these lucrative tax breaks, are treated unfairly and unequally when the WVEDA abuses its power this way.” She continued, “Jefferson County’s location in the Eastern Panhandle combined with a well-educated workforce and robust local economy means that such tax breaks are not only unfair and unconstitutional, they are not needed to attract employers and investment. They also unnecessarily drain money from public services such as schools, infrastructure, and emergency services.”

Jefferson County Foundation’s complaint asks for the invalidation of the WVEDA’s May 2 action including cancellation of plans for any government agency to take title of the Rockwool property.

The complaint can be found here.

  • October 20, 2019

In a stunning development, without local public notice or knowledge, the West Virginia Economic Development Authority (WVEDA) approved issuance of up to $150 million in bonds to support Rockwool’s unwelcome and unwanted industrialization of Jefferson County. This information was discovered in responses to Freedom of Information Act (FOIA) last week.

Letter sent to public officials demanding public hearing

Jefferson County Foundation (JCF) and Jefferson County Vision (JCV) have written the Governor and other key officials, demanding accountability for the action and transparency about how this significant “sweetheart” deal came to be. Dr. Christine Wimer, President of JCF, stated, “Rockwool is not welcome here and the entire community has spent over a year making that clear in every forum or process available. Even in the face of overwhelming public opposition, and unknown to the public until now, government officials in Charleston authorized financial assistance to ensure Rockwool is the first of a heavy industry corridor that destroys our way of life.”

The letter details information, obtained under FOIA, that in a May 2 meeting in Charleston, the WVEDA also committed to take ownership of Rockwool’s land and equipment alleviating Rockwool’s state and local tax burden for a period of 10 years. At the end of this time, Rockwool will reclaim the property and equipment for the price of $1. This is, essentially, the same deal as the PILOT agreement, which was found invalid on its in August by the Circuit Court.

Deliberately deceptive deal

The FOIA documents expose that Rockwool’s lawyers, and several state officials involved in the recruitment of Rockwool to West Virginia in 2017 were present and involved in the May 2 WVEDA meeting.  Dr. Wimer continues, “this was a deliberate deception of the public, quietly executed to provide one of the largest such economic packages to a corporation ever in West Virginia.” The $150 million would amount to approximately $1.25 million in loans per promised job in a county with the lowest rate of unemployment in the state. This would be in addition to a $2.2 million free money loan already promised by the state for the training of the workforce for these jobs. “It is an outrage — $150 million to poison our air, land and water, with at least ten years of reduced state and local tax obligation. It’s no wonder that Charleston kept it so quiet.”