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As The American Prospect executive editor David Dayen noted later that week—citing University of Missouri law professor Tommy Bennett—because the president "has the option of minting the trillion-dollar coin to cover obligations, or issuing premium bonds known as consol bonds," he has "a way out of the lose-lose choice of violating one law or the other," which could imperil the case.

Despite efforts by Peabody or other American coal highfliers like Consol Energy, Ramaco Resources, Alliance Resource Partners or Arch Resources to reduce carbon emissions, it would be hard to argue that they epitomize a green future.

The 65-year-old worked for a company called Terry Eagle, and for Patriot, and for Blackhawk after it bought out Patriot, and for Consol.

Representatives for Arch, Consol and Peabody did not immediately respond to requests for comment.

Murray Energy also took over Consol’s stake in the pension fund, until its bankruptcy.