Jessica King, jessica.king@sierraclub.org
This week, the Office of Surface Mining Reclamation and Enforcement issued a proposal to streamline processes for communities to report violations of federal coal mining laws, rolling back burdens the Trump Administration placed on mining communities.
The proposed rule eliminates some delays for community members to report violations at mining sites by limiting the time and scope of information gathering by OSMRE and state regulatory authorities. The proposal also adds additional protections for communities, including giving complainants the right to accompany the federal inspector when investigating the issue.
OSMRE’s proposal amends the “Ten-Day Notice” rule, the primary tool community members can use to take action when state regulators fail to respond to potential violations of federal coal mining laws. When someone notifies OSMRE of credible violations at a mining site, OSMRE must send a "Ten-Day Notice" to inform the appropriate state regulatory authority of the possible violation. The state regulatory authority is then given ten days to respond. In 2020, the Trump Administration imposed additional processes under the rule allowing state regulators and OSMRE to delay the process.
The proposal is available for public comment until June 26, 2023.
In response, Sierra Club Senior Organizer, Beyond Dirty Fuels and Beyond Coal Alex Cole released the following statement:
"The communities that live near coal mines need to be able to go directly to the federal OSMRE for help. These communities know better than anyone the ways mine operators violate critical protections, and how state regulators just look the other way. The new proposed Ten-Day Notice rule goes a long way to fixing the problems with the version of the rule finalized under President Trump, which had the effect of cutting off this important tool. We look forward to working with the Biden Administration to finalize a rule that gives full effect to the Surface Mining Act's promise of full public participation."
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.