By Bethany Blankley, The Center Square

Attorneys general from multiple states for years have been petitioning courts and suing to block federal agency rules from going into effect, arguing the agencies promulgating them are exceeding their statutory authority. The latest petition makes a similar argument about a final rule issued by the U.S. Department of the Interior’s Surface Mining Reclamation and Enforcement Office (OSMRE) related to state regulatory oversight of coal mining.

Fourteen attorneys general filed a petition for judicial review with the U.S. District Court for the District of Columbia asking it to vacate the rule they argue seeks to strip states of regulatory authority delegated to them by Congress and the U.S. Constitution.

The petition was filed by the attorneys general of Indiana, West Virginia, Alabama, Alaska, Arkansas, Kentucky, Louisiana, Montana, North Dakota, Ohio, Texas, Utah, Virginia and Wyoming. Several state agencies are also petitioners.

Secretary of the Interior Deb Haaland, two OSMRE directors, and both federal agencies were named as respondents.

The petition argues the rule, which went into effect May 9, exceeds Haaland’s statutory authority, is arbitrary, capricious, an abuse of discretion and inconsistent with law. The AGs asked the court to declare the rule unlawful, vacate it and grant temporary relief pending the outcome of litigation.

The OSMRE Final Rule amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA), which gives states exclusive jurisdiction over regulating surface coal mining and reclamation operations with few exceptions. It also gives states the sole authority to issue permits and bonds; states also inspect mining sites and enforce regulatory requirements. The SMCRA only applies to non-federal and non-Indian land.

The law limits the Interior secretary’s mining regulatory authority with two exceptions: the secretary is authorized to issue a “Ten-Day Notice” to state regulatory authorities if there is “reason to believe” a regulatory violation exists and to take over a state regulatory program if the state fails to enforce it.

The OSMRE explains that it amended the law in its rule change to limit the sources of information to determine if a possible violation exists. It also changed its definition of “reason to believe,” which it says “is supported by its legislative history.” The OSMRE also said it made the changes because it “observed instances in which requesting and considering information from” state regulatory agencies resulted in delays.

It made the claim after the Interior secretary and OSMRE officials previously acknowledged that delays occurred at times because state regulatory agencies needed weeks or months to perform complex investigations, including because of inclement weather, the lawsuit notes.

But the real reason OSMRE officials changed the definitions of the exceptions was to limit states’ rights, the AGs argue. The final rule “is dismissive of consequences for federalism,” the complaint states.

Indiana Attorney General Todd Rokita, leading the coalition, said, “Simply put, this new rule is unlawful.” It intrudes on the states’ “rightful authority under the American system of federalism. We’re suing to uphold the proper balance of power between the individual states and the federal government and to prevent another unjustified assault by the Biden administration on coal.”

The rule “proposes to overthrow the Act’s deference to States” by issuing ten-day notices, the complaint states. It also subjects “state decisions over which the Act affords States exclusive jurisdiction, such as permitting decisions, to federal oversight through ten-day notices.”

OSMRE also “seeks to make the federal government the regulator of first resort,” stripping states of their regulatory authority, the complaint states.

The rule eliminates a key requirement that citizens must first contact state regulators with concerns before they can contact the federal government. It also imposes “inflexible, arbitrary timelines on states to complete complex investigations without regard for facts on the ground, setting up federal regulators to swoop in,” the complaint states.

The AGs represent state regulatory agencies that oversee surface coal mining operations and are responsible for enforcing the SMCRA within their states. They also pointed out that these agencies received positive reviews from OSMRE officials.

Last year, OSMRE officials said Indiana’s Department of Natural Resources “administers its program in a way that effectively protects citizens and the environment from adverse impacts resulting from surface coal mining activities,” Rokita said.

OSMRE officials also said Montana’s program “had no regulatory problems” and Montana “takes citizen complaints seriously,” Montana AG Austin Knudsen said. OSMRE found “Montana DEQ appropriately responded to complainants in a timely manner consistent with applicable rules.”

 By William Haupt III, The Center Square

“To argue with a man who has renounced the use and authority of reason, and whose philosophy in holding humanity in contempt, is like administering medicine to the dead.”

                                                  – Thomas Paine

In 1980, when Ronald Regean accepted his party’s nomination for president, he reminisced about our nation’s past and its “shared values.” He mentioned how far America had drifted from the ethos of our founding of national unity, individual responsibility, with a patriotic and a limited government. He called for a return to the spirit of principles and ideas of Thomas Paine’s, “Common Sense.”

Of all our great founders whose ideas he wanted for America, Ronald Reagan quoted the one who was not honored as a founder, Thomas Paine. Although he inspired and unified the colonies with enlightenment teachings, Paine was considered too radical to attend the Convention of 1787. And his insight into our socio-political future was never reflected in the writing of our Constitution.

In 1774, Ben Franklin told Thomas Paine he was needed in the New World. Within months Paine was editor of the Philadelphia Magazine, where he penned the ideals that unified the colonies and brought them to revolt. Paine wrote, “America was in a crisis.” Until they had undivided unity, they’d never become a nation.

“We have it in our power to begin the world over again.”

                                –Thomas Paine

When Paine arrived in America, the colonies were unhappy as servants to the crown. But they were content with what America gave them and tolerated British abuse. When Paine wrote his pamphlet, “Common Sense” aka “The American Crisis,” he wanted to alert the colonies: until they worked for the collective good of a nation united under one flag, they’d always be in a state of constant crisis.

In contrast, to many founders who were educated with money and status, Paine was philistine and appealed to commoners. “Common Sense” is considered the crucial tool used to bring the idea of sovereignty to middle class colonials and challenged them to revolt.

“Without the pen of the author of ‘Common Sense,’ the sword of Washington would have been raised in vain.”

                                                – John Adams

During the Revolution when Washington’s army was on the verge of defeat, he asked Paine if he would read passages of “American Crisis” to troops at Valley Forge. The genesis of Paine’s work was a copious enlightenment theme of axioms that formulated the caliber of the American Dream. Paine believed that unity and respect for the rights of man were the only way society could survive.

If Paine had been at the Convention, our country would be different today. They denied him entry since his wish-list to end slavery, grant universal suffrage, and to establish a parliament that could be replaced when they did not act in the people’s best interests were judged too radical at the time.

“Let them call me a rebel, and I welcome it. I feel no concern within my soul.”

                                                – Thomas Paine

Reflecting back, Paine’s clairvoyance was uncanny. It took decades for women to get the right to vote. Our republican democracy, without the ability to issue a no-confidence vote for incompetent lawmakers, has come back to haunt us since the first Congress met in 1789. It took a bloody Civil War to end slavery, which resulted in a new crisis that took another 100 years to bring to an end.

Confederate John Wilkes Booth planned to kidnap President Abraham Lincoln during the Civil War and take him to the Confederate capital, Richmond, but his plot failed. So when he learned Lincoln would be at Ford Theater on the eve of April 14, he shot him in the head and exclaimed, “The South is now avenged.” Lincoln’s murder put pro-slavery Democrat Vice President Andrew Johnson in charge of Reconstruction, which resulted in chaos and social unrest that would haunt America for centuries!

Lincoln’s Republican Congress approved a Reconstruction program that guaranteed political and civil rights for Southern blacks. But when Johnson took office, he convinced the Democrats to block black suffrage and civil rights programs. Johnson vetoed bills providing provisions for the displaced slaves and military trials for those accused of violating the rights of all black Americans. He vetoed the Republican Civil Rights Act of 1866 and refused to sign the 13th, 14th and 15th amendments.

Andrew Johnson continued to lobby Democrats to block all Reconstruction programs. Instead of helping to assimilate former slaves into society, he rebuilt the southern segregationist wing of the post war Democratic Party. He allowed Democrats to manage their own Reconstruction programs, which opened the door for them to replace the institution of slavery with the institution of segregation.

“To deny a man the right to vote is to deny him the right to protect his every right.”

                            – Thomas Paine

When Johnson urged Southern Democrats to boycott constitutional conventions, Congress passed legislation empowering the military to initiate conventions and override Democratic boycotts. Under the auspices of Northern Republicans, by 1868 Congress readmitted seven Southern states, North and South Carolina, Arkansas, Alabama, Florida, Georgia and Louisiana, back into the Union.

On Feb. 24, 1868, the House inevitably impeached Andrew Johnson and filed 11 charges against him for violating the Tenure of Office Act and the Command of the Army Acts and bringing disgrace to his office. But the Senate failed to convict him by one vote and he avoided conviction. If our nation had a parliamentary system, as Thomas Paine had proposed, a prime minister who lost the support of the legislature could have been simply removed from office by a no confidence vote.

The racism of Andrew Johnson and his refusal to enforce legislation to acclimate former slaves into American society enabled southern Democrats to deny the rights of black Americans and chattel them into second class citizenship. It took 100 years of blood, sweat and tears to finish the tenants of Republican Reconstruction that Lincoln had already approved. If Thomas Paine had been invited to the Convention, we could have abolished slavery in 1787 and changed the course of our history.

Thomas Paine told us, “Character is much easier kept than recovered.” Paine is considered one of our greatest Enlightenment thinkers. Since he came from the working class he knew their problems and how to remedy them. He was a self educated brilliant writer and thinker who foresaw the future and passionately alerted others of the necessity to correct socio-political problems expeditiously, or face the consequences in the future.

“He who dares not offend cannot be honest.”

                                                – Thomas Paine

Why does history repeat itself: Because we don’t profit from our mistakes. We’ve spent years trying to correct the sins of our past. But without education and civic leaders demanding teachers instruct our youth “true American history,” students will grow up unaware who created their problems and who has always tried to remedy them. As a result, we’ll always have people who continue to blame the wrong people for their failures and admire those who caused them. Until they know their history and take responsibility for their actions, they will always be a liability and never an asset to society; because:

“Reason obeys itself and ignorance submits to whatever is dictated to it.”

                                                – Thomas Paine

$15.8 Million in Grants to Increase Community-Based Behavioral Health and Developmental Disabilities Care

As recommended by the Behavioral Health System for Future Generations (BHSFG) Commission the State of Montana is issuing a total of $15.8 million in one-time grants to increase bed capacity for community-based residential providers offering behavioral health care or developmental disability services.

The grants represent the next allocation of $300 million in funding from the state to reform and improve Montana’s behavioral health and developmental disabilities services systems.

“Timely access to more residential services at the local level is critical and plays a major role in preventing the need for more intensive services down the road,” Gov. Greg Gianforte said. “I thank the commission for advancing another recommendation that will help to transform the delivery of behavioral health care in Montana.”

Department of Public Health and Human Services (DPHHS) Director Charlie Brereton said the goal of the grant program is to stabilize or increase residential services across Montana and to build sustainable capacity, while also ensuring more Montanans can be served in clinically appropriate settings closer to home.

“This funding represents yet another key milestone to ensuring providers at the local level have the resources they need to serve Montanans appropriately,” Dir. Brereton said. “We know the current lack of residential services capacity in our state leads to inefficient treatment, challenges for patients discharging from inpatient settings, and missed opportunities to keep Montanans closer to home. We are eager to help solve this longstanding issue and will continue to advance projects like these with the needs of future generations in mind.”

Possible uses of the grant funds include helping purchase or construct new facilities, upgrading and maintaining existing facilities, and hiring and training staff to increase bed capacity.

In the coming weeks, DPHHS will work toward finalizing contracts with eligible providers who applied for the funding and received an award. DPHHS will publicly announce award recipients once all contracts are effectuated.