States sue to block last-minute Obama environmental rule

Thirteen states are asking a federal judge to block a last-minute Obama administration environmental rule aimed at preventing coal mines from fouling thousands of miles of streams.

The states on Tuesday filed a petition in U.S. District Court seeking an injunction against the Stream Protection Rule, a proposal from the Office of Surface Mining Reclamation and Enforcement. 

The rule would prohibit changes to land near coal mines, which would stop miners from dumping debris near streams and rivers. It would also require new testing and monitoring of streams near coal mines.

{mosads}Attorneys general filing the suit said the rule violates the Surface Mining Control and Reclamation Act, which gives authority to regulate coal mines to the states, rather than to the federal government.

“This rule tramples states’ retention of sovereign authority under the Tenth Amendment and seeks to destroy an entire industry, displacing hardworking men and women and setting a precedent to disregard states’ own understanding of major industries within their borders,” Texas Attorney General Ken Paxton (R) said in a statement.

In a letter to Speaker Paul Ryan (R-Wis.) and Senate Majority Leader Mitch McConnell (R-Ky.), Paxton and the 12 other plaintiffs asked Congress to overturn the new rule under the Congressional Review Act. They said the Office of Surface Mining failed to consult with states through proper channels.

“This overreaching, last-gasp Obama administration regulation goes far beyond what the law permits,” Ohio Attorney General Mike DeWine (R) said. 

Environmental groups hailed the new rule when the Interior Department announced it in December. 

“Though it isn’t perfect, the Stream Protection Rule does provide important protections that can help keep coalfield communities safe and takes steps toward holding coal mining companies accountable,” the Sierra Club’s Dalal Aboulhosn said in December.

The Obama administration has raced to finalize a number of environmental regulations in the months between President-elect Donald Trump’s November win and the formal handover of power on Friday. The Interior Department in recent months has designated new federal lands for protection in states from Utah to Alaska, implemented regulations on oil and natural gas wells and banned oil drilling in the Arctic and Atlantic Ocean.

Republicans have already targeted several of the last-minute Obama administration rules under the Congressional Review Act, which gives Congress 60 legislative days to overturn proposed rules. Reps. Evan Jenkins (R-W.Va.) and Doug Lamborn (R-Colo.) have introduced measures to overturn the Stream Protection Rule, and Republicans hope the incoming Trump administration can overturn the law.