CHARLESTON — West Virginia Attorney General JB McCuskey is leading a coalition of 20 states to join the fight to stand up for a West Virginia trucking company – and all others that could be harmed by lingering Biden-era overreach.

KC Transport has been battling the federal government since 2019 – after being cited by the federal Mine Safety and Health Administration (MSHA), even though they are miles away from any mine. The facility in Emmett, WV repairs trucks which are occasionally hired to haul coal. 

MSHA investigators fined the company for failing to put blocks around truck wheels during repairs. MSHA had never been to the trucking facility before, but said they were entitled to inspect the company, calling them a mine, subject to federal 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 of attorneys general filed an amicus brief to challenge a specific case -- Humphrey’s Executor -- which has been used in the tumultuous legal case against KC Transport. The coalition argues Humphrey’s Executor has allowed agencies to operate largely out of reach of the President, making them and their actions untouchable. The amicus brief argues this must change.

Alaska, Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee and Texas joined the West Virginia-led brief.

Read a copy of the brief here​.

 

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