Preventing Government Waste And Protecting Coal Mining Jobs In America
Mr. Chairman, I thank the gentleman from California for yielding. I rise in support of the amendment by the gentleman from California (Mr. Lowenthal) which seeks to reinstate the 1983 Stream Buffer Rule. While the Reagan administration…
Mr. Chairman, I thank the gentleman from California for yielding.
I rise in support of the amendment by the gentleman from California (Mr. Lowenthal) which seeks to reinstate the 1983 Stream Buffer Rule. While the Reagan administration rule is not perfect, the 2008 Bush rule inserted unnecessary loopholes in the law and takes us in the wrong direction.
This commonsense Lowenthal amendment from the Natural Resources Committee would simply keep the best option we currently have in place instead of forcing the adoption of the 2008 rule, which the courts have already struck down. Thus, I urge my colleagues to support the Lowenthal amendment.
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself such time as I may consume.
The underlying bill I seek to amend has been labeled today as Preventing Government Waste and Protecting Coal Mining Jobs in America. The true label for this bill ought to be the ``No Streams Protection'' bill.
Mountaintop removal coal mining is a process that has buried over 2,000 miles of streams throughout Appalachia, contaminating surface and drinking water, and destroying wildlife in Appalachia communities.
The practice is currently governed by a rule written by the Reagan administration. The Reagan rule needs to be updated, and this is what the Obama administration wants to set about doing. H.R. 2824 seeks to accomplish two things: to write into statute a stream buffer rule promulgated in December of 2008 by the Bush administration and then to prohibit the Obama administration from working on writing a new stream buffer rule for at least 5 years while precluding the States also from issuing their own more stringent rules.
Members ought to be aware that the Federal District Court of the District of Columbia handed down a decision on February 20, just last month, vacating the 2008 rule because the Bush administration refused to consider the impacts of coal mining on threatened or endangered species in writing the rule. As a result, the rule this bill would write into statute no longer exists.
It is also surprising that the Republicans would enact a bill that strong-arms States into forcibly adopting a Federal standard, completely preempting states' rights to enact their own rules.
That is why the amendment I am offering today protects states' rights by ensuring that all States are able to implement a stream buffer rule that can go beyond the national floor. States ought to have the ability to protect their natural resources at a level beyond the requirements of the Federal Government when they see that need. My amendment ensures that States maintain the ability to issue their own more stringent stream buffer rules, which this legislation is attempting to prohibit.
States should be able to maintain the ability to adequately protect their natural resources and health and safety of their local coal mining communities. Safe drinking water should be a right for everybody, and should not be subject to the Federal loopholes this bill would insert. States should have the right to close loopholes as they see fit.
It is important to remember that the amount of coal exported from this country is significant and growing. In fact, a record amount of coal was exported in 2012, over three times the amount exported one decade earlier. We don't need to relax our environmental and health protections for this industry. We don't need to jeopardize the health of the people and the once-pristine environment of Appalachia for the profits of these companies.
Finally, the claim that the Obama rule must be stopped because it is part of a so-called war on coal is obviously false. How can you make such a claim about a rule that doesn't even exist yet?
This bill is simply an attempt to resurrect a flawed 2008 Bush rule, rejected by a Federal court and the administration, which provides loopholes to the industry. It is poor public policy and a poor use of Congress' time given the pressing needs of this country.
My amendment protects states' rights from overreach by the Federal Government, protects Appalachia communities, protects our environment, and protects clean drinking water. My amendment allows States to do better by their citizens if they so choose, and I believe that is a goal that everybody ought to agree upon.
I urge Members to vote for this amendment.
Mr. Chairman, I yield 1 minute to the gentleman from California (Mr. Lowenthal).
I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.