Kentucky has joined a dozen other states in a complaint against a federal effort to balance environmental protection and the coal industry.
The U.S. Office of Surface Mining Reclamation and Enforcement (OSMRE) finalized the Stream Protection Rule last December.
The complaint filed Tuesday alleges the rule rewrites the Surface Mining Control and Reclamation Act, making states follow a “one-size-fits-all” federal solution to what was designated a state responsibility. The filing argues that OSMRE did not allow for ‘meaningful participation’ by the states.
The Kentucky Energy and Environment Cabinet said the rule “illegally interferes” with states’ rights and would have a “devastating impact” on the state coal industry.
The Cabinet argues the rule would impose unreasonable restrictions on coal companies and that water and biological monitoring would be too expensive, costing an estimated three-million dollars annually including additional staff and training.
Texas Attorney General Ken Paxton petitioned a Washington-based appeals court for an injunction Tuesday. Paxton said in a statement that the ‘Stream Protection Rule’ imposes "mandatory, one-size-fits-all" regulations that violate states' rights. Last month, North Dakota Attorney General Wayne Stenehjem filed a separate lawsuit challenging the rule. Republicans have vowed to overturn it under President-elect Donald Trump.
According to the OSMRE website, the rule defines “material damage to the hydrologic balance outside the permit area” and that the board may not approve permits that aren’t compliant. The rule also calls for increased monitoring and data and the restoration of any streams that are mined through.
OSMRE states the rule will protect streams, and improve reforestation over the next 21 years.
The other states the in the litigation are Indiana, Ohio, West Virginia, Alabama, Alaska, Arkansas, Colorado, Missouri, Montana, Texas, Utah and Wyoming.
This story has been updated.
