What Happened to the Stream Protection Rule?

At a time when pollution is rising in its many forms, new regulations controlling pollution levels are a welcome sight. The Stream Protection Rule was exactly that, aiming to protect water sources in the US. Unfortunately for advocates of the scheme, it has recently been repealed. Why? Keep reading to see why it was so short lived.

Obama’s finale

The Stream Protection Rule was one of Obama’s last acts as he prepared to leave the White House. Put into place the day before Donald Trump’s inauguration, the rule made changes to the regulations for coal miners and how they dispose of waste. Specifically, it protected the waterways around coal mining operations from being polluted by their waste.

Coal companies were prohibited from damaging the balance of water in streams and waterways, meaning several endangered species would be protected from further harm. The problem? While Obama might have thought he had sneaked the act in pretty well, Trump begged to differ.

Congressional review

The Congressional Review Act (CRA) is a law in the US that gives congress the opportunity to overturn past decisions. They have a 60-day window following the enactment of any rule in which they can vote for a repeal. This isn’t 60 regular days though. It refers to days when congress has held active legislative sessions and – because of the sparsity of legislative sessions in 2016 – means they can overturn any rules since May 2016.

Despite being in place since 1996, the CRA has only been used once to overturn a rule. But in Trump’s first full month alone, there has been 3 successful rule repeals. Because the Stream Protection Rule was implemented just a day before Trump’s presidency began, it fell easily within reach of the CRA. Congress voted 54 votes to 45 to revoke the rule, which was signed off by Trump on 16^th February.

What will happen?

With the rule now repealed, the US is back to step one with regards to mining waste. Waterways will continue to suffer from serious pollutants like mercury and selenium. Amongst other things, Obama’s Stream Protection Rule marked a small step away from mining, making it more favourable for companies to explore clean resources. Repealing the rule brings up obvious concerns about the sustainability of mining. ‘Exploring Sustainability in Mining’ discusses how the industry can be improved to move towards a slightly more sustainable model.