Date: 2014-03-25
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Chair. I rise in strong opposition to H.R. 2824. the socalled "Preventing Government Waste and Protecting Coal Mining Jobs in America Act." I oppose the bill because it would misdirect limited resources and limit State discretion in regulating industries within their borders. The bill would require State surface coal mining regulatory agencies to implement the discredited 2008 Stream Buffer Zone Rulepromulgated by the Bush Administrationfor a mandatory implementation period. which inadequately protects drinking water and watersheds from strip mining. H.R. 2824 replaces sensible Reaganera protections for streams and communities in Appalachia from mountaintop mining with the flawed 2008 Bush rule that has been rejected by a federal court. most states. and the Administration. The bill puts families at risk by stopping the current updating of federal rules. wasting time and money. while delaying development of a responsible stream protection rule for years. The bill allows big coal companiesmany of whom export their coalto reap larger profits. while families in Appalachia pay the price through with degraded water. flooding. and health impacts. In opposing this misguided legislation I stand with a broad range of conservation and environmental groups. including American Rivers. Environment America. Clean Water Action. League of Conservation Voters. National Parks Conservation Association. Natural Resources Defense Council. National Wildlife Federation. and Sierra Club. Mr. Chair. waste from mountaintop removal coal mining has buried over 2.000 miles of streams throughout Appalachia. This practice destroys wildlife habitat. contaminates surface and drinking water. and leads to flooding. As a number of new studies show. there is an increased incidence of cancer. birth defects. lung disease. and heart disease for those living and working near these mines. In December 2008. the Bush Administration finalized a lastminute rule that weakened Reaganera protections for streams from the impacts of mountaintop removal mining. The Bush rule was challenged in court and in February 2014. the D.C. Circuit Court vacated the rule. finding that the Bush Administrations refusal to consider the impacts of stream fills on threatened or endangered species in drafting the rule had been illegal. The bill before us seeks to write the midnight Bush rule into law and require all states to incorporate it into their state mining regulations. Mr. Chair. it makes no sense to require the states to adopt a vacated rule that has already been vacated by a federal court. especially when the Obama Administration is in the process of finalizing a new stream protection rule providing for responsible development while protecting our communities and environment. This new rule will reflect the significant technological and scientific advances in mining practices that avoid. minimize. and mitigate environmental damage from coal mining. Mr. Chair. I support the amendment offered by Congressman LOWENTHAL that would keep in place implementation of the Reagan Administration rule. I also support the amendment offered by Congressman CARTWRIGHT that would ensure that states retain the ability to issue their own stream buffer rules. But I do not support the underlying bill. I urge my colleagues to vote "no" on H.R. 2824 and reject this misguided. irresponsible. and harmful legislation. Then let us finally get to work on the issues the American people care about.