SENATE CONCURRENT RESOLUTION NO. 31

(By Senators Hall, Boley, Sypolt, Nohe, K. Facemyer, Stollings and Browning)

Urging the Environmental Protection Agency to change course and operate in good faith.

    Whereas, Policies and current regulations of the federal Environmental Protection Agency are effectively a “War on Coal” and manufacturing jobs which will result in fewer jobs in West Virginia and higher energy prices for not only this state but the entire nation; and

    Whereas, The Obama Administration and the United States Congress unsuccessfully attempted to pass “Climate Change” legislation in the 111^th Congress; and

    Whereas, The Environmental Protection Agency is attempting to regulate what the President and the Congress could not legislate by incorporating the core principles of the failed “Climate Change” legislation into agency rules; and

    Whereas, Although a permanent solution to end these job-killing policies of the Environmental Protection Agency would be preferred to stop-gap measures, it is important and crucial to protect West Virginia jobs with the passage of the Capito-McKinley sponsored bill in Congress, which legislation is designed and intended to place a moratorium on the “cap and trade” and greenhouse gas policies and regulations of the current administration in Washington, D. C. through the Environmental Protection Agency and protect America’s energy production and prices, together with protecting energy production jobs, manufacturing jobs and coal mining jobs; and

    Whereas, The Environmental Protection Agency for the first time in more than thirty years “vetoed” a coal mine permit for West Virginia, that had been thoroughly reviewed by the Environmental Protection Agency and other regulators, awarded by the United States Army Corps of Engineers, and put into action by the mining company. The Environmental Protection Agency effectively rewrote the rules to change a previous decision it did not agree with and unilaterally broke the government’s promise that jobs could be created and this mine could proceed, retroactively rescinding permit to operate a coal mine; and

    Whereas, Senator Manchin has introduced a bill in the United States Senate entitled the “EPA Fair Play Act” designed to clarify that the EPA does not have authority under the Clean Water Act to reverse prior approvals of the United States Army Corps of Engineers where a permit has been put through a rigorous regulatory process, including time for thorough review by the Environmental Protection Agency for possible negative environmental consequences, and awarded by the United States Army Corps of Engineers prior to any official objections from the Environmental Protection Agency; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Environmental Protection Agency is urged to change course and operate in good faith; and, be it

    Further Resolved, That the Environmental Protection Agency is urged to change course and operate in good faith and be aware that this Legislature supports the “Protect America’s Energy and Manufacturing Jobs Act” cosponsored by Representative Shelley Moore Capito and Representative David B. McKinley and the “EPA Fair Play Act” sponsored by Senator Joe Manchin of West Virginia; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, the Secretary of the Environmental Protection Agency, the Speaker of the U. S. House of Representatives, the Minority Leader of the U. S. House of Representatives, the members of the West Virginia delegation, the U. S. House of Representatives, the U. S. Senate Majority Leader, the U. S. Senate Minority Leader and the members of the West Virginia delegation of the U. S. Senate.