Regulating Coal Ash Waste in the Trump Era

49 Pages Posted: 25 May 2017 Last revised: 21 Jun 2019

See all articles by Brie D. Sherwin

Brie D. Sherwin

Texas Tech University School of Law; Texas Tech University Health Sciences Center - Department of Public Health

Date Written: March 15, 2017

Abstract

On February 16, 2017, President Trump signed legislation repealing the Stream Protection Rule and touted this move as clearing the way for job growth. By utilizing a rarely-used federal statute called the Congressional Review Act, Congress voted to kill this new and arguably complex rule meant to address 33-year old regulations governing the dumping of coal waste in or near stream beds.

As the Stream Protection Rule dies, so does the scientific support for updated requirements that were meant to protect waterways that Appalachian communities depend on. This repeal follows the effectuation of the “solid waste classification” given to coal ash waste under Subtitle D of the Resource Conservation and Recovery Act in October 2015. The new classification returned power back to each state to regulate coal ash disposal, which disappointed many environmentalists who argue that these states are failing to protect communities from the dangers associated with coal ash impoundments.

In the new era of alternative facts and scientific spin, one must ask: are we living in La La Land? Will new regulatory rollbacks of environmental regulations truly bring back promised and meaningful job growth in the coal sector? And, what still exists of environmental policies that once balanced the protection of environmental and human health with what was economically feasible? This article examines the diminishing power of federal administrative agencies in protecting the environment. This article also argues that the superficial comparison of job growth with environmental protection is flawed and explains the ever-increasing importance of science in policy-making and the regulatory process. Finally, the article argues how state primacy is largely set up to fail in this scenario because states are either ill-equipped or unmotivated when it comes to enforcing regulations involving coal waste.

Keywords: Coal, Coal Ash, Stream Protection Rule, Congressional Review Act, Trump, Science, Environment, Economy, Environmental Protection Agency

JEL Classification: K32, K23, L50, L51, I14, J18

Suggested Citation

Sherwin, Brie DeBusk, Regulating Coal Ash Waste in the Trump Era (March 15, 2017). 37 STAN. ENV. L. J. 75 (DEC. 2017)., Available at SSRN: https://ssrn.com/abstract=2972746

Brie DeBusk Sherwin (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

Texas Tech University Health Sciences Center - Department of Public Health ( email )

Lubbock, TX
United States

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