Texas, multistate coalition dismiss lawsuit against Stream Protection Rule

By Mark Iandolo | May 8, 2017

WASHINGTON (Legal Newsline) — Texas Attorney General Ken Paxton announced May 2 that his office haS dismissed a lawsuit brought by Texas and 12 other states against the Stream Protection Rule enacted in the closing days of the Obama administration.

Congress and the Trump administration had disapproved and repealed the rule in February. Paxton and the multistate coalition, however, refused to dismiss the lawsuit until it received written confirmation from the Department of Interior (DOI) that every vestige of the rule was formally eliminated. The DOI provided confirmation April 13.  

“Fighting federal overreach and protecting Texas sovereignty is a cornerstone of my office,” Paxton said. “We are grateful to solidify yet another victory for Texans. We will continue to fight rules that trample state sovereignty and displace hardworking men and women.”

According to Paxton, the Stream Protection Rule stripped states of their regulatory authority over mining rules. Paxton’s office SAYS the repeal will save one-third of all coal industry jobs.

Joining Texas in challenging the Stream Protection Rule were Alabama, Alaska, Arkansas, Colorado, Indiana, Kentucky, Missouri, Montana, Ohio, Utah, West Virginia and Wyoming.

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