CHARLESTON – West Virginia Attorney General Patrick Morrisey and Ohio Attorney General Mike DeWine are leading an effort opposed to the federal government’s proposed Stream Protection Rule, which would regulate coal-mining activities near streams.
In the letter signed by attorneys general in 14 states, they call the proposal a one-size-fits-all plan that broadens the federal government’s authority at the expense of coal mining operations in West Virginia and across the country.
“Such a sweeping ban on coal mining activities is inconsistent with federal law,” Morrisey said in a statement. “More importantly, it threatens the jobs of countless coal miners across West Virginia.
"We cannot stand for such overreach. We must vigorously oppose it at every turn.”
The AGs argue that the proposal violates multiple federal laws, including the Surface Mining Control and Reclamation Act, the Clean Water Act and the U.S. Constitution.
“Once again, the Obama Administration is attempting another power-grab by administrative rule,” DeWine said in a press release. “Congress saw the wisdom in allowing states to enact local mining regulations.
"This unlawful rule tries to replace state authority with federal regulations that will have a devastating impact on mining in Ohio and across the nation.”
The AGs claim the proposed rule doesn't respect state control over mining regulations as required by Congress and unnecessarily seeks to regulate areas already monitored by the U.S. Environmental Protection Agency, Army Corps of Engineers and the state governments.
They say the proposal also exceeds the Office of Surface Mining Reclamation and Enforcement’s authority as it would broadly prohibit nearly all mining-related activity in or within 100 feet of various streams, subject longwall mining to "unrealistic, difficult or impossible" permits and set forth increased water sampling requirements that ignore local geology.
The letter, addressed to Surface Mining Reclamation and Enforcement director Joseph G. Pizarchik, calls upon his agency to withdraw the current proposal, develop common-sense alternatives and actively consult state officials.
Morrisey said he believes such cooperation can assist the agency in drafting a rule that balances environmental protection with an economically healthy coal industry to meet the nation’s energy needs.
Other states that joined in the letter were Alabama, Arizona, Arkansas, Kentucky, Louisiana, Montana, Nebraska, Oklahoma, South Carolina, Texas, Wisconsin and Wyoming.