Stream Protection Rule
The Stream Protection Rule was a United States federal regulation issued by the Office of Surface Mining Reclamation and Enforcement that went into effect on January 19, 2017.
In February 2017, the Republican-controlled Congress, through the Congressional Review Act, passed a bill (a "resolution of disapproval") to revoke the rule.
[7] Pursuant to Executive Order 12898 issued by Bill Clinton, which required federal agencies to take environmental justice (EJ) concerns into consideration when taking regulatory and other actions, and pursuant to the EPA's own guidelines for implementing that order finalized in 1998,[8] the impact statement had a section addressing EJ concerns.
[7]: 4–317–330 The EPA studied the demographics of 286 coal-producing counties and identified 44 that had significant minority or low-income populations; half of those were in Appalachia.
Part of the work that led to the new rules was a collaboration with the United States Fish and Wildlife Service; the ESA requires federal agencies to consult with the Fish and Wildlife Service to ensure their actions do not jeopardize the continued existence of an endangered or threatened species, or adversely modify critical habitat.
[13] In addition to these guidelines, the rule also included eradicating water pollution outside of permit areas, requiring thorough data collection for mining operations, protection and restoration of streams, updated guidelines for protecting endangered species, and long-term treatment of unintentional water contamination.
Janice Schneider testified before a joint House committee hearing stating "Every reclamation practice contained in the proposed rule has been successfully implemented by a mine operator somewhere in the country."
[15] The Interior Department had also said that the rule would protect 52,000 acres of forests as a default of keeping coal mining debris away from nearby waters.
[17] On January 11, 2017, a report for members and committees of Congress was published by the Congressional Research Service, entitled "The Office of Surface Mining's Stream Protection Rule: An Overview."
[9] In early February 2017, Congress voted to use the Congressional Review Act to pass a "resolution of disapproval" to revoke the Stream Protection Rule.
[23][24] According to the Center for American Progress, the 27 representatives that sponsored or co-sponsored the review of the rules received nearly $500 million from mining interests in 2016.
[20][26][28][29] Republican Bill Johnson, the U.S. representative for Ohio's 6th congressional district and sponsor for the disapproval measure, stated, "Make no mistake about it, this Obama administration rule is not designed to protect streams.
"[30] Subsequent to the revocation of the Stream Protection Rule by the Trump administration, many scientists, when interviewed, said that it would have had an insignificant impact on the activities of coal companies.
