Senate votes to block Obama coal rule

Senate votes to block Obama coal rule
© Getty

Senators voted 54-45 Thursday to kill an Obama administration coal mining rule, giving President Trump his first chance to formally take off the books an environmental rule from the previous administration.

The Congressional Review Act (CRA) challenge passed by the Senate undoes the Interior Department’s Stream Protection Rule, a regulation requiring coal firms to clean up waste from mountaintop removal mining and prevent it from going into local waterways. 

The coal industry and its congressional allies have looked for ways to kill the rule since Obama regulators began crafting it early in his term.

ADVERTISEMENT
They argued the regulation would be such a financial hindrance for the coal industry that it would kill jobs in economically distressed areas of Appalachia already struggling due to the sector’s market-driven downturn.   

The Office of Surface Mining finalized the rule in December, and the GOP this week quickly introduced and voted on a CRA resolution taking the rule off the books and blocking regulators from writing a similar rule in the future.

The House passed the bill 228-194 on Wednesday night. Trump supports the legislation, Republicans said, meaning the rule will come off the books as soon as he signs it. 

Sens. Joe ManchinJoseph (Joe) ManchinOvernight Health Care: Trump officials explore importing prescription drugs | Key ObamaCare, drug pricing regs under review | GOP looks to blunt attacks on rising premiums | Merck to lower some drug prices Dems pressure GOP to take legal action supporting pre-existing conditions Election Countdown: Senate, House Dems build cash advantage | 2020 Dems slam Trump over Putin presser | Trump has M in war chest | Republican blasts parents for donating to rival | Ocasio-Cortez, Sanders to campaign in Kansas MORE (D-W.Va.), Heidi HeitkampMary (Heidi) Kathryn HeitkampDems pressure GOP to take legal action supporting pre-existing conditions Election Countdown: Senate, House Dems build cash advantage | 2020 Dems slam Trump over Putin presser | Trump has M in war chest | Republican blasts parents for donating to rival | Ocasio-Cortez, Sanders to campaign in Kansas Senate Dems build huge cash edge in battlegrounds MORE (D-N.D.), Joe DonnellyJoseph (Joe) Simon DonnellyDems pressure GOP to take legal action supporting pre-existing conditions Senate Dems build huge cash edge in battlegrounds Fed chief lays out risks of trade war MORE (D-Ind.) and Claire McCaskillClaire Conner McCaskillOvernight Health Care: Trump officials explore importing prescription drugs | Key ObamaCare, drug pricing regs under review | GOP looks to blunt attacks on rising premiums | Merck to lower some drug prices Dems pressure GOP to take legal action supporting pre-existing conditions The Hill's Morning Report — Trump’s walk-back fails to stem outrage on Putin meeting MORE (D-Mo.) were the only Democrats to support the measure in the Senate. Sen. Susan CollinsSusan Margaret CollinsThe Hill's Morning Report — Russia furor grips Washington Overnight Health Care: Novartis pulls back on drug price hikes | House Dems launch Medicare for All caucus | Trump officials pushing ahead on Medicaid work requirements Senate panel to vote next week on banning 'gag clauses' in pharmacy contracts MORE (R-Maine) was the only Republican to vote against it.

“In my home state of Kentucky and others across the nation, the stream buffer rule will cause major damage to communities and threaten coal jobs,” Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMcConnell spokesman on Putin visit: 'There is no invitation from Congress' Overnight Defense: Trump inviting Putin to DC | Senate to vote Monday on VA pick | Graham open to US-Russia military coordination in Syria Senate to vote Monday on Trump's VA nominee MORE (R-Ky.) said on Thursday, noting industry opposition and state lawsuits against the rule. 

“We should heed their call now and begin bringing relief to coal country. Today’s vote on this resolution represents a good step in that direction.”

Environmentalists, public health advocates and Democrats broadly support the rule, saying it will protect waterways and prevent health risks for people living in coal-heavy areas.

“If you want to help miners, then come address their health and safety and their pension program,” Sen. Maria CantwellMaria Elaine CantwellSenators share their fascination with sharks at hearing Poll: Majority of Americans support Roe v. Wade The Hill's Morning Report — Sponsored by Better Medicare Alliance — Protests and anger: Washington in turmoil as elections near MORE (D-Wash.), the ranking member of the Energy and Natural Resources Committee, said during floor debate 

“You can protect the coal industry here with special interests and the amount of lobbying they do, or you can step up in a process and have a regulation that works for the United States of America so the outdoor industry and sportsman and fishermen can continue to thrive.”

The resolution will be the first CRA challenge undoing an Obama-era rule to hit President Trump’s desk. 

The CRA, which gives Congress the power to undo rules shortly after they are finalized, is a rarely successful tool: It has only been used to undo a rule once, in 2001. 

But Republicans have pledged to pass several CRA resolutions blocking late Obama rules this session. 

The Senate is scheduled to vote on another House-passed CRA resolution undoing a Securities and Exchange rule, and the House is considering three more resolutions under the law this week.

“We’ll continue to chip away at the regulation legacy of the Obama years with more CRA resolutions in the coming days as well,” McConnell said Thursday. 

“Let’s pass these two resolutions without delay so we can send them to the president’s desk and continue giving the power back to the people.”

 —Updated at 3:20 p.m.