January 23, 2017 - The controversial federal Stream Protection Rule is in effect but West Virginia Third District Congressman Evan Jenkins doesn’t believe it will be for long.

According to Jenkins, the outgoing Obama administration’s federal Office of Surface Mining made sure the rule would take effect last Thursday, Jan. 19, just a day before Obama left office. Congress can’t go after the rule until Jan. 30 because of procedural requirements, Jenkins said.

“I am absolutely confident that we are just days, maybe a couple weeks, away from taking the necessary action to get on the President’s desk what will end the stream buffer rule,” Jenkins said Monday on MetroNews “Talkline.”

The rule significantly tightens the standards for underground and surface mining. Under its provisions, a regulatory authority cannot approve a mining permit unless the operator “demonstrates, and the regulatory authority finds, that the proposed operation would not result in material damage to the hydrologic balance outside the permit area,” according to the Office of Surface Mining’s website.

West Virginia Coal Association President Bill Raney told MetroNews last month the guidelines are so stringent that it makes it nearly impossible to mine coal.

“It’s going to make it difficult because it sterilizes reserves,” said Raney. “It’s going to have a direct impact on underground mining. In this particular rule, in this case, it’s an effort to stop the majority of mining in this country,” Raney said.

Jenkins said the “demise” of the new rule is very clear.

“We will not rest until we set it aside,” Jenkins said. “It is the biggest job-killing measure, the parting shot, salvo, from the Obama administration.”

Mining proponents said a full impact of the rule would mean a decrease in recoverable reserves in underground coal mining from 51 to 81 percent and a decrease in surface mining reserves from 38 to 67 percent. 

Evan Jenkins