National Niche Administration Announces Availability Of Funds To Clean Up Legacy Pollution The Department of the Interior announced early in August that nearly $725M from the recently passed Bipartisan Infrastructure Law is available to 22 states and the Navajo Nation to create good-paying union jobs and catalyze economic opportunity in coal communities by reclaiming abandoned mine lands (AML). “President Biden’s Bipartisan Infrastructure Law delivers the largest investment in cleaning up abandoned mine lands in history. Through this program, we are investing in coal communities through job creation -- including for current and former coal workers -- and economic revitalization, all while addressing harmful environmental impacts from these legacy developments,” said Secretary Deb Haaland. “We encourage all eligible states and Tribes to apply for this funding so we can reduce hazardous pollution and toxic water levels that continue to impact our communities.” AML reclamation projects support vitally needed jobs by investing in projects that close dangerous mine shafts, reclaim unstable slopes, prevent releases of harmful gases, including methane, improve water quality by treating acid mine drainage, and restore water supplies damaged by mining. AML reclamation projects also enable economic revitalization by rehabilitating hazardous land so that it can be used for recreational facilities or other economic redevelopment uses like advanced manufacturing and renewable energy deployment.
• Consider prioritizing projects in a manner that maximizes the amount of methane emissions that can be reduced; and • Prioritize the employment of current and former coal industry workers, among other provisions. Applications for the fiscal year 2022 Bipartisan Infrastructure Law AML funds must be submitted by eligible states and Tribal AML programs on Grant Solution’s website no later than March 31, 2023. States and Tribes are not required to complete the AML Reclamation Plan update, review and approval process as a prerequisite to receiving these funds. ****************************************************** West Virginia v. EPA The Supreme Court decided West Virginia v. EPA on June 30, 2022. In addition to environmental law implications, this case potentially speaks directly to executive agency overreach in many other contexts. On its face, the decision limited EPA’s authority to reduce greenhouse gas (GHG) emissions from the electric power sector. The 6-3 ruling, written by Chief Justice Roberts, held that EPA exceeded its authority under Section 111(d) of the Clean Air Act (“CAA”) to “compel the transfer of power generating capacity from existing sources” (e.g. coal and natural gas power plants) “to wind and solar.” The ruling applied the “major questions doctrine” to limit EPA’s authority to make “decisions of vast economic and political significance” without clear legislative authorization, reasoning that Congress did not assign EPA “unprecedented power over American industry”. The Court’s decision makes clear EPA retains the “primary regulatory role in Section 111(d)” and “decides the amount of pollution reduction that must ultimately be achieved”, allowing EPA other options to mitigate GHG emissions from fossil fuel-fired power plants.
States and Tribes that apply for the funding should:
• Prioritize projects that invest in disadvantaged communities consistent with the President’s Justice40 Initiative; • Incorporate public review and comment into the selection of projects to be funded;
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N at i onal A ssociation of D i v i s i on O rder A nalys t s
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