Unprecedented House Vote Could Roll Back Plan That Ended New Coal Leasing in Powder River Basin

The U.S. House of Representatives yesterday passed H.J. Res. 104, a Congressional Review Act (CRA) resolution that seeks to rescind a 2024 resource management plan ending new coal leasing in Montana’s Powder River Basin. The resolution, which narrowly passed by a vote of 211-208, not only would undo a plan to end new coal leasing in a portion of the nation’s largest coal producing region, but it could also upend the public lands management system as we know it. Eighteen organizations sent a letter to members of Congress opposing H.J. Res. 104 in advance of its passage. A companion resolution in the Senate, S.J. Res. 61, has yet to receive a vote.

The CRA is a blunt-force anti-regulatory tool with far-reaching unforeseen consequences. The regulatory process is designed to ensure that rules issued by federal agencies are scientifically sound, legally sufficient, and well-reasoned. The CRA allows a bare majority in each chamber of Congress to undo any given rule. Because an agency is prohibited from ever issuing a rule that is “substantially the same” as the disapproved rule, the CRA limits the ability of agencies to respond to new information or developments that would otherwise demand action.

“It is absurd that bought-and-paid-for politicians in Washington, D.C. can override the will of Montana communities who made their voices heard on the devastating impacts of Powder River Basin coal to our lands, our waters, and our climate,” said Shiloh Hernandez, senior attorney for Earthjustice’s Northern Rockies Office. “If passed by the Senate, this CRA resolution would reverse years of scientific review and public engagement to suit political whims driven by special interests. Once again, our elected officials have sidestepped the people who elected them to do the bidding of fossil fuel executives.”

In addition to H.J. Res. 104, the House also passed resolutions this week that would undo resource management plans for North Dakota and the Central Yukon in Alaska. Earthjustice joined over 40 Alaskan Tribal leaders, organizations, and businesses in opposing the Central Yukon CRA in a letter that was also sent to Members of Congress.