Disapproving A Rule Submitted By The Department Of The Interior
Mr. President, I rise to speak on the stream protection rule. One of the first things we learn as kids is that if you make a mess, you are responsible to clean it up. It is good manners, but it is also a matter of ethics. It is about doing…
Mr. President, I rise to speak on the stream protection rule. One of the first things we learn as kids is that if you make a mess, you are responsible to clean it up. It is good manners, but it is also a matter of ethics. It is about doing the right thing. This is the spirit, this is the idea behind the stream protection rule. It simply tells coal companies doing mountaintop mining that they need to clean up their mess if they make a mess. It seems pretty common sense to me.
Opponents of this rule argue that this is somehow an unfair burden on coal companies because coal is doing poorly in the emergency markets. Opponents seem to want to say that asking companies to be responsible to clean up whatever mess may have been made makes it harder for them to compete.
The truth is, coal is having a very difficult time in energy markets, but it is not because they are being required to clean up after themselves. It is because other energy resources are becoming cheaper. Solar is cheaper now than ever. The natural gas revolution is now in competition with coal. It is very difficult to get a new coal-fired powerplant on line. It may be even more difficult to recapitalize an old one. So coal is struggling, but the reason is not the stream protection rule.
There is another aspect of this, which is, since when is there no cost to doing business? Since when are any companies allowed to come in, pollute, and then walk away without doing anything about it? If you hired a contractor to work on your house and they left a pile of materials in your kitchen, you wouldn't say: Well, that is just the cost of doing business. You would say: Clean up the mess. That is part of the job.
There is no question that coal mining is a tough business, but it also can sometimes be a messy business. That is a simple fact. If we ignore the pollution that is caused, if we ignore the cost the public bears when toxic substances are dumped without proper treatment or when coal-fired powerplants spew carbon pollution into the atmosphere, for that matter, we are ignoring the cost of doing business.
To be fair, we have to make sure every industry, including the coal industry, plays by the same rules as everyone else. Up until December of last year, some coal companies just were not playing by the same rules. Mountaintop mining had leaked dirty water and waste into the streams. Researchers estimate that this has destroyed 2,000 miles of stream in the United States of America.
That destruction has a domino effect. It threatens the health of people who depend on those streams for their drinking water, it poisons fish, birds, plants, and it reduces the quality of life for people across the country. That is why the stream protection rule was established. It is there so parents don't have to worry when their kids go play by the stream or go fishing behind their house. It is there so ranchers don't have to worry about a nearby mine that could harm their land, and fishermen don't have to worry if the salmon catch is poisoned or if there are fewer fish because salmon are dying from pollution.
This rule is so communities don't have to worry that their daily lives will be changed because a company is not being responsible and cleaning up after itself. This may surprise some people, but the rule will actually create jobs. People like to talk about how burdensome regulations are, especially in the environmental space, but the truth is, it will not lead to fewer jobs.
The Department of Interior predicted it will actually create hundreds of jobs a year, not take them away. Most of all, it is going to have a real positive impact on the world we live in. Over the next two decades, researchers estimated that the stream protection rule would protect or restore 6,000 miles of streams. That is more than the distance between eastern Maine and my home State of Hawaii.
So if you care about protecting local water supply, if you care about having a place for your kids to go hiking and fishing, if you care about holding everyone to the same standard, then don't let this bureaucratic mumbo jumbo get in the way. This rule was created to fix a specific problem, and repealing it could effectively exempt mountaintop coal mining from modern regulation indefinitely.
This is a very important point that has to be made about Congressional Review Act votes. We are going to have a slew of them over the next probably 2 or 3 months. Here is the thing about a CRA vote because it gets rather technical. It is not just overturning a regulation. The way the law works, is that not only is the regulation overturned but an administration can never touch this issue again. We can't do anything that is ``substantially similar.''
So if you want to do something about the stream protection rule, make a law; override the rule that was just made and craft legislation. You have a working majority in both Chambers, work with the bipartisan group. You have four or five Democrats who voted for the CRA. Let's legislate.
What is going to happen when the CRA vote succeeds is we are never going to be able to touch the question of pollution from mountaintop removal again--literally. That is how CRA works. So every time we have a CRA vote, it is not just whether you like the particular rule and want to overturn it, it is whether you never want to touch this subject matter again. That is a rather serious threshold that we have to come through.
We are going to do a lot of CRAs. I know everybody on the Republican side is raring to go to sort of undo all the rules that were done under the Obama administration. Fair enough. We understand. You have the Presidency. You have both Chambers. It is certainly your prerogative to take up all of these CRAs, but be careful because you are not going to be able to touch these issues again. You are forfeiting your prerogative to touch these issues again.
So for the sake of public health and in order to leave a better world for our kids, we need to keep this rule in place.
I yield the floor.