EPA attacks Manchin lawsuit; Raese alleges political opportunism

The Environmental Protection Agency (EPA) on Wednesday shot back at West Virginia Gov. Joe Manchin’s (D) lawsuit against the agency over its regulation of coal-industry mountaintop-removal mining, while his Republican opponent is accusing him of political opportunism in their Senate fight.  

EPA said that “despite many efforts,” state officials “have not engaged in a meaningful discussion of sustainable mining practices that will create jobs while protecting the waters that Appalachian communities depend on for drinking, swimming and fishing.”  
 
EPA “issued clear guidance that ensures permits are reviewed using the best science available to protect residents from the significant and irreversible damage this practice can have on communities and their water sources,” according to the agency’s statement.  

An independent scientific panel has reaffirmed the science used to justify the guidance in a draft report, the EPA statement adds.
 
Manchin, the Democratic nominee in the Senate race for the seat of the late Sen. Robert Byrd (D-W.Va.), announced the suit Wednesday at a news conference at the state capitol.
 
Manchin’s challenger in that race, John Raese, also responded to the suit.
 
Raese’s campaign on Wednesday argued Manchin is timing the lawsuit to coincide with his struggles in the Senate race.
 
“West Virginians need someone in Washington that won’t be a rubber stamp for President Obama’s radical agenda,” Raese spokesman Kevin McLaughlin said in an e-mailed statement. “They need someone who has the foresight to stand up for West Virginia values and oppose government overreaches like ObamaCare and cap-and-trade before they become law, not after polls get tight.”
 
Raese has accused Manchin of flip-flopping on the cap-and-trade issue. Manchin last year signed a bill requiring electric companies to obtain “credits” by 2025 to account for 25 percent of their electricity generation. These credits can come from obtaining electricity through “alternative energy.” That can include things like “advanced coal technology,” waste coal and fuel from coal gasification, as well as from renewable energy sources.
 
Raese has labeled it as being akin to last year’s House cap-and-trade bill, which required U.S. greenhouse gas emissions to be reduced by 17 percent by 2020.
 
Manchin recently said he "strongly disagrees" with Obama's approach on cap-and-trade. The West Virginia Coal Association has endorsed Manchin’s Senate bid.
 
Environmental groups are actually staying out of the Senate race, saying they oppose both candidates’ views.
 
“Who cares? They’re both not good on our issues,” Tony Massaro, senior vice president for political affairs and public education for the League of Conservation Voters, told The Hill this week, before Manchin’s announcement on mountaintop mining was anticipated. “It makes absolutely no difference to us” who wins, he said.
 
Raese’s attempts to tie Manchin to a Democratic environmental agenda are “bordering on silly,” Massaro said.