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W.Va. Congressional Delegation comments on federal stream protection rule

WASHINGTON, – U.S. Senators Joe Manchin, D-W.Va., and Shelley Moore Capito, R-W.Va., and U.S Rep. Evan Jenkins, R-W.Va., today released the following statements in response to the U.S. Department of Interior’s Office of Surface Mining Reclamation and Enforcement’s (OSMRE) announcement that it has finalized the stream protection rule.

From U.S. Sen. Joe Manchin:

U.S. Sen. Joe Manchin, D-W.Va.

“While we all must carefully review this 1,648 page final rule, I want to reiterate that the proposed rule was very alarming in its scope and potential impacts. I believe that the manner in which this rule making was executed was flawed and lacked transparency, and I will pursue legislation to ensure it does not harm our coal mining communities and economies,”Senator Manchin said. “Rules by the Department of the Interior and OSMRE must be based on comprehensive data that is available to stakeholders, particularly when those rules threaten to eliminate thousands of jobs. Furthermore, agencies should not be issuing duplicative rules that overlap with regulations under other environmental laws such as the Clean Water Act.”

“Last year, I cosponsored the Supporting Transparent Regulatory and Environmental Actions in Mining (STREAM) Act, which would require the Secretary of the Interior to make all scientific data which was used to draft the rule public.  This information must be easily accessible and readily available. I remain unconvinced that this jobs-killing regulation is necessary or substantiated, particularly when you consider state and federal regulations already in place. The consequences of this regulation will have far-reaching impacts on the future of coal mining and, therefore, will only serve to hinder development of affordable reliable energy.”

The final stream protection rule will be available here. In June, Senator Manchin sent a letter to Shaun Donovan, Director of the Office of Management and Budget, to express his concern about the Office of Surface Mining Reclamation and Enforcement’s (OSMRE) decision to send its final stream protection rule to the White House without fulfilling obligations for state engagement as directed by Congress. Click here to read the full letter.

From U.S. Senator Shelley Moore Capito: 

U.S. Sen. Shelley Moore Capito, R-W.Va.

“It is disappointing, but certainly not surprising, that the Obama Administration has decided to pursue this last-ditch effort to further harm West Virginia coal jobs. The Stream Protection Rule would cause significant harm to both surface and underground coal mines. Fortunately, the decision by voters last month makes today’s announcement by the Office of Surface Mining an exercise in futility. Working with President-elect Trump and our Republican congressional majority, I am confident that we will be able to use the Congressional Review Act to stop this rule from taking effect.”

Senator Capito recently joined 22 of her Senate colleagues in sending a letter to President Obama requesting his administration stop issuing non-emergency rules and regulations in the final weeks of his term.

She also introduced the Supporting Transparent Regulatory and Environmental Actions in Mining Act of 2015 (STREAM Act), which would ensure that any rule issued by U.S. Department of Interior is based on sound, open data and would not needlessly increase regulatory burdens or eliminate thousands of jobs.

From U.S. Representative Evan Jenkins (R-W.Va.):

U.S. Representative Evan Jenkins, R-WV, 3rd District

“By issuing this rule in the final weeks in office, the Obama administration is making one last-ditch effort to push its anti-coal agenda on the American people. We cannot afford to have any more job-killing regulations crippling our state, our economy and our families. I will lead the charge in Congress in stopping this rule and fighting for West Virginia’s jobs,” Rep. Jenkins said.

Congress does have a legislative tool, the Congressional Review Act, which it can use to overturn this rule. The Congressional Review Act allows Congress to quickly consider and vote to overturn burdensome agency rules with a simple majority vote of each chamber. When Congress invalidates a rule under the Congressional Review Act, the rule under consideration is nullified. Additionally, once invalidated, similar rules may not be issued by the agencies unless Congress explicitly authorizes it by law.

In November, Rep. Jenkins helped pass legislation to stop this administration – and future ones – from pushing through regulations in their last months in office. The Midnight Rules Relief Act would give Congress the authority to review and reject rules that any president issues during the final months of their terms.

 

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