On Wednesday, West Virginia and Ohio politicians David B. McKinley (R-WV), with co-sponsors Shelley Moore Capito (R-WV), Nick Rahall (D-WV), Bill Johnson (R-OH) and Bob Gibbs (R-OH), filed legislation (H.R. 457) restricting the Environmental Protection Agency’s authority to revoke permits issued by the Secretary of the Army.
The proposed bill amends the Federal Water Pollution Control Act and specifically Section 404(c) of the Clean Water Act (which has only been used 13 times since 1972 - including two weeks ago when the EPA vetoed Spruce Mine No.1 in West Virginia). Retroactive to January 1, 2011, the EPA would lose oversight authority to revoke or veto a permit issued by the US Army Corps of Engineers (USACE).
Despite the fact that the EPA never signed off on Spruce Mine No.1 and it was Arch Coal’s subsidiary Mingo Logan Coal Co. which refused to compromise with the EPA to limit excess pollution and stream destruction, the Republican freshman McKinley claims that his legislation is going after EPA for years of bullying coal companies.