Mike DeWine, Ohio join 12 other states in suit against federal government

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Ohio Attorney General Mike DeWine joined with a dozen other states Tuesday in a challenge aimed at the federal government's "Stream Protection Rule." The rule bars mining activity within 100 feet of streams.

(Robert Higgs, cleveland.com)

COLUMBUS, Ohio - Attorney General Mike DeWine and Ohio joined with a dozen other states Tuesday in a lawsuit aimed at the federal government's "Stream Protection Rule."

The rule, announced in December by the Department of the Interior, is intended to protect 6,000 miles of streams and 52,000 acres of forests - mostly affecting Kentucky, West Virginia, Ohio and Pennsylvania. It bars mining activity within 100 feet of streams and imposes stricter policies that require companies to restore land to pre-mining conditions.

The rule, while applauded by environmental groups, has drawn harsh criticism from Republicans and some Democrats who have labeled it a job-killer.

"This overreaching, last gasp Obama administration regulation goes far beyond what the law permits," DeWine said in a statement. "It exceeds the power Congress has given to federal regulators and ignores the authority given to the states. It would have a disastrous effect on Ohio coal miners, their families, and their communities."

The states want the U.S. District Court for the District of Columbia to vacate the rule, prohibit its enforcement and order the Department of Interior and Office of Surface Mining to issue a new rule that complies with the Surface Mining Act and U.S. Constitution.

You can read the full lawsuit below. Mobile users click here.

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

The states also asked House Speaker Paul Ryan and Senate Majority Leader Mitch McConnell to take action in Congress to disapprove the rule so that it would have no continuing force or effect.

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