Yesterday, the Office of Surface Mining Reclamation and Enforcement (OSM) released the final Environmental Impact Statement (EIS) for the proposed stream protection rule. Chairman Rob Bishop (R-UT) released the following statement:

“This represents the final volley in this administration’s war on coal. Although OSM asserts it conducted ‘extensive outreach’ with cooperating agencies and state regulatory authorities, this could not be further from the truth. They never took state input seriously and instead concocted a plan to sideline it. This rule is destined to impose crippling job losses for communities that have nothing left to lose after the last eight years. The administration will bully through midnight regulations at any cost, and I expect nothing less from the final rule.”

In 2010, OSM signed a memoranda of understanding with 11 states to act as cooperating agencies. These cooperating agencies, in theory, would have an important role in the development of the EIS and subsequently the final rule.

On January 12, 2016, the House passed H.R. 1644 (Rep. Alex Mooney, R-WV), the “Supporting Transparent Regulatory and Environmental Actions in Mining Act (STREAM Act),” to block this rule and increase transparency in the development of regulations concerning stream buffer zones.

Chairman Bishop also requested a Government Accountability Office review of OSM’s compliance with the National Environmental Policy Act, particularly the mandate to “provide for meaningful participation” as nine of the 11 states withdrew as cooperating agencies.