Interior adopts controversial last-minute rule to make the coal industry cleaner

Under the rule, which overhauls regulations in place for more than three decades, coal companies that have finished mining in an area will be required to restore the land to the same condition that existed before digging began. Interior Secretary Sally Jewell called the new regulations “a balanced approach to meeting the nation’s energy needs.”

In the statement, released before the rule was published in the Federal Register, she noted that the administration “worked closely with many stakeholders to craft a plan that protects water quality, supports economic opportunities, safeguards our environment and makes coalfield communities more resilient.”

But the announcement, coming a month before power is handed over to a new presidential administration, is almost certain to anger coal companies and conservative Republicans. The rule likely will be an early target of President-elect Donald Trump, who pledged during his campaign to help turn around an industry beset by debt, job losses and declining profits – all of which make the cleanup requirements of a 1977 federal law more difficult.

The industry’s financial crisis has led to fears that the nation’s largest coal companies might leave taxpayers with hundreds of millions of dollars in cleanup costs for closed mines. Companies are currently obligated to rehabilitate hundreds of huge strip mines in the West and mountaintop-removal sites in the East.

Those worries spiked this year when Peabody Energy, the world’s largest publicly traded coal company, appealed to creditors for an extra month to pay its debts. Over six months ending in March, two more of the nation’s four biggest coal companies have declared bankruptcy.

The new rule is the sort of regulation that Trump has vowed to undo. In this case, he could issue a stop-work order to temporarily delay the process it takes to implement it, and the Republican-controlled Congress could assist him by issuing a review order and overturning any rule adopted after midyear.

Interior officials first announced their intent to draft new regulations in 2009. Officials said Monday that the result is guided by the best science and an understanding of improved technology used by coal companies. In the seven years it took to draft and finalize the rule, the department received more than 150,000 comments and recorded statements from 15 public meetings and other gatherings.

“This updated. . .rule will make life better for a countless number of Americans who live near places where coal is being mined,” said Joseph Pizarchik, director of the Office of Surface Mining Reclamation and Enforcement. Coal is mined throughout the United States, but the top producing states are Wyoming, West Virginia, Kentucky, Pennsylvania and Illinois, according to the U.S. Energy Information Administration.

“We are closing loopholes and improving our rules to more completely implement the law passed by Congress,” Pizarchik said.