Mitch McConnell : Majority Leader McConnell Leads Congressional Efforts to Overturn Obama’s Anti-Coal Rule

WASHINGTON, D.C. - U.S. Senate Majority Leader Mitch McConnell (R-KY) was joined today by Senator Shelley Moore Capito (R-WV) and Republican Representatives Bill Johnson (OH-06), Evan Jenkins (WV-03) and David McKinley (WV-01) in introducing companion resolutions of disapproval under the Congressional Review Act (CRA) to overturn the 'stream buffer rule.' The House of Representatives is expected to act on the CRA resolution first. Once the House takes action, the Senate will then take up the measure.

In the closing weeks of his term, President Obama announced his final anti-coal rule, which does little to actually protect waterways and instead extends the strong arm of the federal government at the expense of states, coal workers, and ultimately ratepayers.

Following the December, 2016 announcement, Senator McConnell said he would introduce the resolution under the CRA to overturn this egregious regulation and work with his colleagues to use every legislative tool available to turn back this regulatory assault on coal country.

Senator McConnell added that he looked forward to working with the Trump Administration to provide relief to our coal communities and assist those who have been hit with unemployment and poverty due in large part President Obama's War on Coal. Providing relief from this regulation - and the many others that have targeted coal communities - is just one priority Senator McConnell laid out in letter to President Trump earlier this year.

The Department of Interior (DOI) argued that this rule is about keeping American waterways clean, when in reality it is a prime example of the regulatory overreach that was so common under the Obama Administration, and it gives federal bureaucrats more authority to make coal more expensive to mine and use. The Obama Administration also alienated states from the rulemaking process despite the fact that federal statute gives states primacy over regulating coal mining activity and requires cooperative federalism between the federal and state governments. Nearly half of the states have complained that DOI failed to provide information or work with them on developing this regulation, and when Congress stepped in to include an additional directive in an annual government funding bill to reinforce that DOI must engage with states, that instruction was willfully ignored.

Further this out-the-door regulation is a prototype of the duplicative, overreaching, and job-killing regulations released during the Obama Administration - altering over 400 regulations already in the books to regulate coal mining activity and waterways already regulated by states, the Environmental Protection Agency (EPA), and the Army Corps of Engineers. This type of regulatory overlap is expressly prohibited by federal statute and hurts jobs. One national study estimated that this regulation could threaten nearly a third of all coal-related jobs.

The lead sponsors made the following comments introducing the CRA resolutions in the Senate and House of Representatives:

Senate Majority Leader Mitch McConnell (R-KY) said: 'Put into place by the Obama Administration at the 11th hour, the 'stream buffer' rule is a harmful regulation that unfairly targets coal jobs. It is just one example of the former administration's policies that have jeopardized jobs and taken power away from state and local governments in order to grow the federal bureaucracy. Further, this regulation, like many others of the Obama era does not take into account the negative consequences these policies would have on hardworking Americans and the families they support. And, it's just one example of the former administration's attack on coal communities like those in my home state of Kentucky.'

Senator Shelley Moore Capito (R-WV) said: 'The Stream Protection Rule is the latest in a series of overreaching and misguided Obama-era regulations that have targeted America's coal industry. If this rule were allowed to say in place, it would add to the economic devastation for people in coal communities. Together with Leader McConnell and my congressional colleagues, I look forward to nullifying this harmful rule that is bad for jobs, families and businesses, especially in energy producing states like West Virginia. Passing this resolution of disapproval will help usher in a new era of common sense policies that protect our environment without needlessly compromising our economy and jobs.'

Congressman Bill Johnson (OH-06) said: 'Make no mistake about it; this rule is not designed to protect streams. Instead, it was an effort to destroy coal jobs and push the coal mining industry right out of business through duplicative and overly burdensome regulations. I am not going to stand by and let that happen; that's why I am leading the effort in the House to make sure this onerous regulation never takes effect.'

Congressman Evan Jenkins (WV-03) said: 'This rule is President Obama's final chapter in his anti-coal legacy, a legacy that has cost West Virginia thousands of jobs and decimated our state's economy. We will be taking action this week to stop this job-killing rule and protect tens of thousands of jobs. I am proud to join with my colleagues in the House and the Senate in standing up for American jobs, American energy, and the American people.'

Congressman David McKinley (WV-01) said: 'This rule implemented by President Obama at the end of his term is an outrageous attack on working families in the coal industry. As Chairman of the Coal Caucus, we've made stopping the SPR our number 1 priority because if implemented, it could shut down more coal mines and disrupt the livelihoods of over 80,000 miners and their families. Fortunately with President Trump, we now have a partner in the White House who understands how irresponsible and harmful these bureaucratic overreaches can be. Let's get this Congressional Review Act passed as quickly as possible and send it to the President so we can protect our hardworking coal communities from this dangerous rule.'

Senator McConnell added, 'I want to thank Senator Capito for joining me as a lead co-sponsor on this resolution, as well as many other colleagues who've joined in supporting the resolution of disapproval introduced today. I also want to recognize our House colleagues - including Rep. Johnson of Ohio, Rep. Jenkins of West Virginia, and Rep. McKinley of West Virginia - for introducing the House companion resolution. I would encourage the House to act quickly so that we can send this resolution to the president's desk as soon as possible.'

The following are the Senate sponsors of the CRA: Senators Mitch McConnell (R-KY), Shelley Moore Capito (R-WV), Joe Manchin (D-WV), Heidi Heitkamp (D-ND), John Hoeven (R-ND), Rand Paul (R-KY), John Barrasso (R-WY), Jim Inhofe (R-OK), Lisa Murkowski (R-AK), Roy Blunt (R-MO), Dan Sullivan (R-AK), Richard Shelby (R-AL), Thom Tillis (R-NC), Ron Johnson (R-WI), Pat Toomey (R-PA), Roger Wicker (R-MS), James Risch (R-ID), Jeff Flake (R-AZ), John Boozman (R-AR), Steve Daines (R-MT), Mike Crapo (R-ID), Jerry Moran (R-KS), James Lankford (R-OK), Todd Young (R-IN), Tom Cotton (R-AK), Pat Roberts (R-KS), Mike Enzi (R-WY), Joni Ernst (R-IA), John Cornyn (R-TX)

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