On January 31, the House passed, 228 to 194, a resolution to prevent the implementation of the Interior Department Stream Protection Rule, also known as the Stream Buffer Rule. The Senate followed suit on February 2 by a vote of 54 to 45. The President signed the bill into law on February 16.

The controversial Obama Administration rule updated a 1983 rule and sought to limit polluted runoff from surface coal mining into nearby water sources. When it released the final regulation in December 2016, the Interior Department argued that the updated version “incorporates current science, technology, and modern mining practices to safeguard communities from the long-term effects of pollution and environmental degradation that endanger public health and undermine future economic opportunities for affected communities.”

The resolution was strongly supported by lawmakers in States with coal mining operations, including four Senate Democrats. Majority Leader Mitch McConnell (KY-R) said, “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. One study actually estimated that this regulation would put as many as one-third of coal-related jobs at risk.”

Democrats responded that the resolution put corporate interests above environmental protection and public health in coal company communities. Senator Maria Cantwell (WA-D), Ranking Minority Member of the Energy and Natural Resources Committee, said, “If you want to help the miners, come address their health and safety and pension program. There is no reason for us not to set rules and regulations to make sure that the mining industry cleans up their mess.”

In a Statement of Administration Policy, the White House endorsed the resolution, saying that “the Administration is committed to reviving America’s coal mining communities, which have been hurting for too long.”

The resolution was approved under the Congressional Review Act, which enables Congress to void regulations that have been finalized within the past 60 legislative days, with only a simple majority required for Senate passage.

For related coverage, see the April 2016 issue of Congressional Digest titled, “Clean Water Rule” and the May 2010 issue of Congressional Digest titled, “Mountaintop Removal Mining.”