Senate votes to block Obama coal rule

Senate votes to block Obama coal rule
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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.

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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) ManchinWhere do we go from here? Conservation can show the way Lawmakers push back at Trump's Pentagon funding grab for wall Overnight Health Care: Appeals court strikes down Medicaid work requirements | Pelosi's staff huddles with aides on surprise billing | Senate Dems pressure Trump to drop ObamaCare lawsuit MORE (D-W.Va.), Heidi HeitkampMary (Heidi) Kathryn HeitkampSusan Collins set to play pivotal role in impeachment drama Pro-trade group launches media buy as Trump and Democrats near deal on new NAFTA The Hill's Morning Report — Biden steadies in third debate as top tier remains the same MORE (D-N.D.), Joe DonnellyJoseph (Joe) Simon DonnellyGinsburg health scare raises prospect of election year Supreme Court battle Watchdog accuses pro-Kavanaugh group of sending illegal robotexts in 2018 Lobbying world MORE (D-Ind.) and Claire McCaskillClaire Conner McCaskillDemocrats criticize Medal of Freedom for Limbaugh as 'slap in the face' Kansas City, Kan., responds to Trump tweet: We root for the Chiefs, too Trump mocked for Super Bowl tweet confusing Missouri for Kansas MORE (D-Mo.) were the only Democrats to support the measure in the Senate. Sen. Susan CollinsSusan Margaret CollinsBill Barr is trying his best to be Trump's Roy Cohn The new American center Democratic Senate campaign arm raised more than .5 million in January 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 McConnellThe Hill's 12:30 Report: Sanders's momentum puts Democrats on edge House Freedom Caucus chairman endorses Collins's Georgia Senate bid This week: House to vote on legislation to make lynching a federal hate crime 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 CantwellThree lessons from BIPA for data privacy legislation Swing votes steal spotlight in marathon Trump impeachment Q&A Hillicon Valley: UK allows Huawei to build 5G in blow to Trump | Lawmakers warn decision threatens intel sharing | Work on privacy bill inches forward | Facebook restricts travel to China amid virus 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.