Just a day after its final release, the Stream Protection Rule has been challenged by North Dakota.
In a complaint filed with the U.S. District Court for the District of Columbia, the state is asking the court to declare the final rule unlawful and to vacate the rule entirely. The U.S. Department of the Interior finalized the controversial Stream Protection Rule on Dec. 19.
The new rule revises rules and definitions related to mining regulations that aim to "keep pace with modern mining practice" and protect streams. Opponents of the rule said the rule would significantly hamper the coal mining industry.
"[T]he [Stream Protection Rule] will destroy longwall mining in the United States, cause energy prices to skyrocket, and devastate the jobs and livelihoods of millions of Americans who depend on the economic activity that coal mining generates," Murray Energy Corp. said in a statement on the rule.
The complaint claims the rule violates the state's sovereignty, federal surface mining laws, the Clean Water Act and rules governing agency administrative procedure.