January 30, 2017

Manchin Introduces Measure to Overturn Anti-Coal Rule

Washington, D.C. – U.S. Senator Joe Manchin (D-WV) today introduced a resolution of disapproval under the Congressional Review Act (CRA) to overturn the “stream buffer rule.” Last year, the Department of the Interior (DOI) Office of Surface Mining and Reclamation Enforcement (OSMRE)’s decided to send its final stream protection rule to the White House without fulfilling obligations for state engagement as directed by Congress.

“The last Administration’s long list of overreaching regulations absolutely crippled West Virginia families and businesses,” Senator Manchin said. “Not only is the rule very alarming in its scope and potential impacts, the rule making was executed in a flawed way. 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.

“I have been committed to pursuing any legislation to ensure protect our coal mining communities and economies and that is why I am glad to introduce this resolution of disapproval to undo this harmful, overreaching regulation. 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 is 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.

In 2015, Senator Manchin introduced the bipartisan Supporting Transparent Regulatory and Environmental Actions in Mining (STREAM) Act. The bill would add transparency and stop federal rulemaking overreach related to mining. It would ensure that any rule issued by DOI is based on comprehensive, open data and would not unnecessarily increase regulations or eliminate thousands of jobs.

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