General Assembly In Violation of Virginia Constitution?

Despite the opposition and hard work of Oregon Hill’s state senator, Donald McEachin, the Virginia General Assembly Senate passed Senate Bill 1025. An identical bill (HB 2123) passed in the House of Delegates last month, and Governor Bob McDonnell is expected to sign the legislation into law. These bills, if signed into law, would tie […]

February 9, 2011; 9:57 AM • by Oregon Hill

Despite the opposition and hard work of Oregon Hill’s state senator, Donald McEachin, the Virginia General Assembly Senate passed Senate Bill 1025. An identical bill (HB 2123) passed in the House of Delegates last month, and Governor Bob McDonnell is expected to sign the legislation into law.

These bills, if signed into law, would tie the hands of Virginia officials, restricting their ability to use the effluent testing and water quality monitoring necessary to protect Virginia’s waterways and communities from the severe impacts of surface mining. The law would also repeal the State Water Control Board’s authority over an important category of pollution discharge permits, eroding the authority of this board of citizen experts.

This violates Virginia’s Constitution. Section 1 of Article XI of the Virginia constitution is particularly relevant, and I quote it here (bolding added for emphasis):

To the end that the people have clean air, pure water, and the use and enjoyment for recreation of adequate public lands, waters, and other natural resources, it shall be the policy of the Commonwealth to conserve, develop, and utilize its natural resources, its public lands, and its historical sites and buildings. Further, it shall be the Commonwealth’s policy to protect its atmosphere, lands, and waters from pollution, impairment, or destruction, for the benefit, enjoyment, and general welfare of the people of the Commonwealth.

“Clean water and clean air have been assaulted from day one of this General Assembly session. Whether it’s loopholes in the permitting process for coal mines, or extending coal subsidies in Virginia, this General Assembly has done all they can to create a safety net for the coal industry,” said J.R. Tolbert, assistant director of the Virginia Chapter of the Sierra Club. “If we didn’t know any better, you’d think Virginia had become a corporate welfare state.”

Where does the Tea Party stand on this one? Or do they only care about certain parts of the federal Constitution?

February 9, 2011 9:57 AM 0