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(COLUMBUS, Ohio) – Ohio Attorney General Mike DeWine and West Virginia Attorney General Patrick Morrisey
this week led an effort in opposing the federal government’s proposed Stream Protection
Rule. DeWine and Morissey co-authored a comment letter to the Office of Surface
Mining Reclamation and Enforcement during the rule’s comment period.
Their letter, signed by
attorneys general in 14 states, calls the proposed rule a one-size-fits-all
approach that immensely broadens the federal government’s authority at the
expense of coal mining operations across vast areas of the country.
“Once
again, the Obama Administration is attempting another power-grab by
administrative rule,” said Attorney General DeWine. “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.”
“Such a sweeping ban on coal
mining activities is inconsistent with federal law,” Morrisey said. “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 attorneys general contend
the rule violates multiple federal laws, including the Surface Mining Control
and Reclamation Act, the Clean Water Act and the U.S. Constitution.
The proposed rule fails to
respect state control over mining regulations as prescribed by Congress and
unnecessarily seeks to regulate areas already monitored by the U.S.
Environmental Protection Agency, Army Corps of Engineers, and the individual
states.
It also exceeds the U.S. Surface
Mining Reclamation and Enforcement’s authority in broadly prohibiting nearly
all mining-related activity in or within 100 feet of various streams, subjects
longwall mining to permits that are unrealistic, difficult or impossible to
meet, and sets 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. DeWine and Morrisey believe such
cooperation can assist the agency draft a rule that balances environmental
protection with an economically healthy coal industry to meet the nation’s
energy needs.
In addition to Ohio and West
Virginia, other states that joined in the letter were Arkansas, Montana,
Oklahoma, South Carolina, Wyoming, Louisiana, Arizona, Kentucky, Texas,
Wisconsin, Alabama, and Nebraska.
A copy of the letter is available on the Ohio Attorney General's website.
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