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DeWine,
Morissey Lead 14 States in Opposing Proposed Mining Regulations
(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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