CHARLESTON, WV (LOOTPRESS) – West Virginia Attorney General JB McCuskey is leading a coalition of 20 states in an effort to support a West Virginia trucking company fighting what they describe as federal overreach dating back to the Biden administration.
KC Transport, based in Emmett, has been battling the federal Mine Safety and Health Administration (MSHA) since 2019.
Although the company’s facility is located miles away from any mine and primarily repairs trucks that are occasionally hired to haul coal, MSHA cited KC Transport for failing to put blocks around truck wheels during repairs.
Investigators had never visited the facility before but claimed authority to inspect the business by classifying it as a mine subject to MSHA regulations.
“This trucking company has been put through the wringer by ridiculous overreach of the previous administration. Their disdain for coal was apparent, and they were taking any steps necessary to punish those in the industry – even those not down in the mines,” Attorney General JB McCuskey said.
“I am proud to lead this coalition to help settle this case once and for all, and to protect others in the industry from ever having to go through this again.”
The coalition filed an amicus brief challenging the use of a specific legal precedent, Humphrey’s Executor, which has played a role in the case against KC Transport.
According to the attorneys general, the precedent has allowed federal agencies to operate largely beyond presidential oversight, making their actions difficult to challenge.
The amicus brief argues that this needs to change.
Joining West Virginia in the brief are attorneys general from Alaska, Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and Texas.
