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Social Costs of Energy [Gov.Rockefeller tried to take control of surface mine regulations FROM Feds]
Office of Surface Mining Reclamation & Enforcement web site ^ | 2002 | Walter N. Heine

Posted on 01/23/2006 8:53:05 AM PST by syriacus

I was never a secret that the act was structured with a general distrust that the states would establish adequate regulatory programs without the specificity written into the law. In fact, in the legislative history report of the act, the committee explains why it needed specificity. [snip]

Many of my friends in the states had difficulty living with this concept and had hoped that each state could individually interpret the federal law with it own regulations, rather than use our federal regulations, which were intended to assure some measure of general uniformity among the states.

This controversy subsequently resulted in introduction of the so-called "Rockefeller Amendment" that was conceived by then Governor Jay Rockefeller of West Virginia. It was intended to amend the federal surface mining act to allow states to individually interpret the federal law and write their regulations based on each interpretation. This was very discouraging to us because some of the allies of the original legislation found it necessary to support this proposed amendment. At that time, any resistance to "federal bureaucracies" was very popular back home, so there were few political downsides to supporting the amendment. But because supporters of the original act considered the amendment emasculating, Congress soundly defeated it.

Federal oversight of this program is crucial. As a former state administrator and enforcer, I recognize how the attitudes towards certain state programs and funding of those programs depends on who sits in the governor's chair. It is not in the best interest of the coal industry, environmental protection, state economics, or employment stability to once again allow variances in enforcement from state to state. Such volatility threatens the all-important parity among the states in the mining and marketing of coal.

(Excerpt) Read more at permanent.access.gpo.gov ...


TOPICS: Government; US: West Virginia
KEYWORDS: jayrockefeller; minesafety; miningsafety; senatehearings
In the late 70's Gov. Jay Rockefeller tried to make sure the individual states, not the Federal Government, would regulate surface mining.
1 posted on 01/23/2006 8:53:09 AM PST by syriacus
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To: syriacus

I hope that Rockefeller doesn't get away with pretending he's always wanted the Federal Government to establish mining regulations.


2 posted on 01/23/2006 8:55:09 AM PST by syriacus (GOVERNOR Jay ROCKEFELLER tried to wrest regulatory control of surface mining FROM the Fed Gov't.)
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To: syriacus
In 1978, Jimmah Cahtah signed the federal surface mine regulatory bill which allowed for each coal state to achieve primacy (with federal oversight)in surface and underground inspections for environmental rules.
Safety has always been federal, under the Department of Labor's Mine Safety and Health Administration (MSHA) and pre-dates the 1978 law.
3 posted on 01/23/2006 9:02:30 AM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: Eric in the Ozarks
Safety has always been federal

Rockefeller hoped to enable states to interpret Federal Regulations.

Rockefeller sounds like a dentist who wanted to remove the teeth from guard dog that has been anesthetized.

4 posted on 01/23/2006 9:15:29 AM PST by syriacus (GOVERNOR Jay ROCKEFELLER tried to wrest regulatory control of surface mining FROM the Fed Gov't.)
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To: syriacus

The current Governor and both US Senators from West Virginia are democraps, and the real question about the safety of the coal mines is this: Where were they when nothing bad was happening in the mines? Were they out promoting mine safety? Were they proposing mine safety rules and regulations? Looks to me as though these a$$hats have blinders on, and are pandering to the coal miners and their families. The folks who live in West Virginia need to start asking why their elected officials are always a day late, and a dollar short? This is typical of the 'rats, and the folks need a wake-up call.


5 posted on 01/23/2006 9:31:25 AM PST by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: geezerwheezer

Its pandering pure and simple. MSHA enforcement and number of citations and fines is up under the Bush Administration vs. Clinton's 8 years. There were no budget cuts. MSHA inspectors have lifetime employment and are usually GS-14 or above.


6 posted on 01/23/2006 9:37:37 AM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: syriacus

It is easy to make coal mining totally safe- just ban it. So, go ahead governor, do the right thing! Do we really need to burn so much coal anyway? I don't think so. Banning mining would also stop emissions from burning it, another real benefit to the public health and safety.

Anyway, wouldn't we all be much better off living in harmony with nature? You know, riding horses, plowing with oxen, reading to our precious children by a clean, sustainable, whale-oil lamp?


7 posted on 01/23/2006 9:57:08 AM PST by theBuckwheat
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To: geezerwheezer

Sorry, we don't need politicians sticking their noses in coal mining. That's the kind of thing that gets people killed.


8 posted on 01/23/2006 1:32:14 PM PST by FreeInWV
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To: geezerwheezer
We all know where Rocketman has been, as he told us himself he went off to Damascus to save middle east oil dictators, then wrote a memo to ensnare a sitting president, to punish sitting president for the removal of one said oil dictator, and writing letters to himself, that no one else can read until leaked to the press. (I know, I know, I could not make myself put a period in there anywhere.)
9 posted on 01/23/2006 1:38:29 PM PST by Just mythoughts
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To: Just mythoughts

My eyeballs are hurtin' from reading that long sentence! But. I'm glad Rocky sent those infamous letters to himself and hid them for all these many years. He is such a forward thinking individual, and should be the clarion of the dimorats party, instead of being the horse's arse that he is.


10 posted on 01/23/2006 2:01:41 PM PST by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: geezerwheezer
lol Sorry about your eyes. Might call it my 'rockey' rant.
11 posted on 01/23/2006 2:37:24 PM PST by Just mythoughts
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