Politics

Manchin cabinet secretary denies suit against the EPA politically motivated to distance governor from Obama administration

Alexis Levinson Political Reporter
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As if he didn’t have enough to do fighting for his political life in a Senate race, West Virginia Democratic Gov. Joe Manchin has announced a lawsuit against the Environmental Protection Agency and the Army Corps of Engineers. The suit is being filed by the West Virginia Department of Environmental Protection (DEP) “over the process the federal agency [the EPA] has used to block mining permits in West Virginia and the Appalachian region,” according to a press release issued by the governor’s office Wednesday.

Randy Huffman, Cabinet secretary of the West Virginia DEP, told The Daily Caller that the “EPA claimed that the mining practices in the state were having an irreversible adverse impact on water quality and that they needed to address it.” But Huffman says the EPA has no right to do so.

“The state of West Virginia is the primary regulatory authority for all mining activity,” he said. “EPA’s role is that of oversight. And they simply have inserted themselves into the process and taken control of it, and we are at their mercy. We don’t believe that they have the authority to do that.”

Some are speculating that the lawsuit may have political motivations with less than a month before Election Day. Manchin is running in a special election for the late Sen. Robert Byrd’s Senate seat, and despite his popularity as a governor, the polls show him neck and neck with his Republican opponent John Raese.

Manchin’s popularity as governor seems to have been rendered unimportant due to Obama’s lack of popularity in the state of West Virginia. Manchin’s opponents regularly lambast him for his support of Obama, and Raese’s campaign refers to him as “Rubber Stamp Joe,” saying he would just be a rubber stamp for Obama’s policies in the Senate. Given the political need for Manchin to distance himself from the president, this lawsuit is seen by many as a way to do that.

Melvin Smith, the governor’s press secretary, says that the lawsuit has been a gradual process. “If you actually read the remarks,” he said, “you’ll see … this isn’t something that happened overnight.”

Huffman agrees.

“There’s nothing in this suit that [Manchin] hasn’t been claiming from the beginning, long before he was campaigning for U.S. Senate,” Huffman said. “You know, the timing of it … I guess that’s a legitimate question for people to ask. But we hired our lawyers long before Senator Byrd passed away … We can’t predict something like that.”

Huffman believes, however, that the EPA’s conflict with the state is decidedly political, saying “the fact that they singled out mining, in particular … a lot of people think that it’s politically motivated.” The Obama administration has aggressively pushed for clean energy policy, and the administration is seen as very anti-coal. As a result, some suspect that the EPA’s sudden move to regulate stems from politics more than a real environmental threat.

The EPA issued a statement to justify the regulation: “Despite many efforts by EPA, state officials have not engaged in a meaningful discussion of sustainable mining practices that will create jobs while protecting the waters that Appalachian communities depend on … Earlier this year, at the request of the state, EPA issued clear guidance that ensures permits are reviewed using the best science available to protect residents from the significant and irreversible damage this practice can have on communities and their water sources.”

The fact that the guidance was issued at “the request of the state” does little to alleviate suspicions of a political motive. The timing of the move doesn’t help either. Huffman told TheDC, “In December of 2008, we didn’t know there was a problem. In January of 2009 the sky was falling,” he said. “And we’re not sure what changed, other than the obvious.”