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.
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 Manchin
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Mary (Heidi) Kathryn Heitkamp70 former senators propose bipartisan caucus for incumbents Susan Collins set to play pivotal role in impeachment drama Pro-trade group launches media buy as Trump and Democrats near deal on new NAFTA MORE (D-N.D.), Joe Donnelly
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Claire Conner McCaskillTo winnow primary field, Obama and other Democrats must speak out 70 former senators propose bipartisan caucus for incumbents Democrats criticize Medal of Freedom for Limbaugh as 'slap in the face' MORE (D-Mo.) were the only Democrats to support the measure in the Senate. Sen. Susan Collins
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“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 McConnell
Addison (Mitch) Mitchell McConnellSenate Democrats avoid calling Sanders front-runner The Hill's Morning Report — Presented by Facebook — Washington, Wall Street on edge about coronavirus Overnight Energy: Murkowski, Manchin unveil major energy bill | Lawmakers grill EPA chief over push to slash agency's budget | GOP lawmaker accuses Trump officials of 'playing politics' over Yucca Mountain 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 Cantwell
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“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.
“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.
