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SOURCE:  Office of Senator Mitch McConnell

President Obama’s Anti-Coal Regulation Challenged in Court

‘Today’s hearing was the first step in determining whether this misguided plan will survive legal challenges, and for the sake of Kentucky coal miners and their families, I hope it does not’

WASHINGTON, D.C. – U.S. Senate Majority Leader Mitch McConnell made the following comments today regarding oral arguments in the State of West Virginia, et al. v. Environmental Protection Agency (EPA)

Sen. Leader Mitch McConnell. Photo Courtesy: United States Senate.

Sen. Leader Mitch McConnell. Photo Courtesy: United States Senate.

et al before The United States Court of Appeals for the DC Circuit:

“Today’s hearing is an important step in determining the merits of President Obama’s so-called Clean Power Plan, which is yet another example of executive overreach patterned after this Administration’s political and ideological agenda rather than scientific evidence.

“Earlier this year, the Supreme Court made the unprecedented move to place a hold on the plan until the federal courts review it. As I have long said, this massive regulatory overreach would strike at the most vulnerable.  It would cause energy bills to skyrocket – increasing the cost of electricity by double digits in Kentucky.  It would ship Middle-Class jobs overseas. It would bring further harm to families like those in Kentucky who’ve been devastated by this Administration’s anti-coal policies. And it would do little to nothing to actually achieve its intended purpose — reducing global emissions.

“I’ve always believed the Administration overstepped its authority by essentially legislating through regulation and that such a plan would likely fail to survive legal scrutiny, which is why I advised states to carefully consider the significant economic and legal ramifications at stake before signing on to the plan.

“Today’s hearing was the first step in determining whether this misguided plan will survive legal challenges, and for the sake of Kentucky coal miners and their families, I hope it does not.”

BACKGROUND: In February 2016, Senate Majority Leader Mitch McConnell joined Senate Environment and Public Works Committee Chairman Jim Inhofe (R-OK) and 32 other Senators and more than 170 Representatives in filing an amicus brief to push back on the president’s power grab. House Energy and Power Subcommittee Chairman Ed Whitfield (KY-01), and Representatives Hal Rogers (KY-05), Andy Barr (KY-06), Brett Guthrie (KY-02), and Thomas Massie (KY-04) joined McConnell on the brief.

Last year, Senator McConnell also wrote a letter encouraging the governors of all 50 states to take advantage of this much-needed reprieve and to adopt a “wait-and-see approach” before complying with the plan’s standards.


Flag Officer Assignments

600px-US-DeptOfNavy-Seal.svgThe Secretary of the Navy Ray Mabus and Chief of Naval Operations Adm. John M. Richardson announced the following assignments:

Rear Adm. (lower half) Shoshana S. Chatfield will be assigned as U.S. Pacific Command representative, Guam, Commonwealth of the Northern Mariana Islands, Federated States of Micronesia, Republic of Palau; commander, U.S. Naval Forces, Marianas; and commander, Joint Region Marianas, Guam.  Chatfield is currently serving as deputy U.S. military representative to the NATO Military Committee, Brussels, Belgium.

Rear Adm. (lower half) Jon A. Hill will be assigned as deputy director, Missile Defense Agency.  Hill is currently serving as program executive officer for Integrated Warfare Systems, Washington, District of Columbia.




Nationwide — On September 26, 2016, two days after inaugurating the National Museum of African-American History and Culture, the Obama administration announced it has settled lawsuits with 17 Indian Tribes and will pay them $492 million dollars to end their long-standing legal disputes about mismanagement of Treaty assets. The case brought by families of Black Indian Freedmen slaves formerly owned and held in bondage by the tribes also about mismanagement of Treaty assets, was not included. They have been in litigation with the U.S. Department of Interior since 2006 over failure of the government to enforce the provisions of the 1866 Indian Treaties and gross mismanagement of their real estate, leases and royalties and other assets.

The lawsuit of the black Indian families, Leatrice Tanner-Brown and The Harvest Institute Freedmen Federation (HIFF), LLC v. Sally Jewell, Secretary of Interior, United States Circuit Court for the District of Columbia Case No.16-5040, is sponsored by the Harvest Institute Freedman Federation, a non-profit collaboration of The Harvest Institute, a black think tank based in Washington, DC and the Black Indian United Legal Defense and Education Fund based in Enid, Oklahoma. The Administration has provided

President Obama participates in a blanketing ceremony at the White House Tribal Nations Conference with representatives from 567 federally-recognized tribes. Photo credit: U.S. Dept of the Interior

President Obama participates in a blanketing ceremony at the White House Tribal Nations Conference with representatives from 567 federally recognized tribes.
Photo credit: U.S. Dept of the Interior

redress to the Five Civilized Tribes who were slaveholders and allied with the Confederacy during the Civil War but continues the 150 year pattern of opposing and ignoring the Indian Freedmen permitting the travesty to their descendant families to continue.

Dr. Claud Anderson, president of The Harvest Institute based in Washington, D.C and the HIFF, said: In the 1866 treaties, the federal government forced slave-holding Indian Tribes to release their slaves after the Civil War and mandated that the Freedmen and their descendants, receive monetary, land, other economic benefits and equal tribal membership. Later laws required the assets of the Freedmen to be managed and protected by the Secretary of the Interior. That did not happen and the government allowed predators to acquire those assets. The recent settlements acknowledge that the Department of Interior grossly mismanaged the accounts of Indian Tribes but the Administration has totally ignored the exploitation that the Department permitted upon the far more vulnerable former slaves of those same Indian Tribes.

The facts that Indian Tribes owned slaves, that there were Treaties and laws intended to protect the Black Indian Freedmen, are most often omitted from history books. The HIFF has taken deliberate actions to brief and inform the Obama administration and the public about these facts, the plight of the Indian Freedmen families and the reasons for their non-stop legal battle against the federal government. Indian Freedmen were entitled to meaningful oversight of their assets by the Department of Interior just as the Tribes with which this Administration has settled. The government has recognized the mismanagement of Indian Tribe assets but has refused to even acknowledge that it has also mismanaged the assets that belonged to the Indian Freedman, instead opposing the families at every legal step they have taken.

In response to Court encouragement that both the Department of Interior and HIFF mediate, the Department approached the HIFF about settlement meetings, but later rescinded the invitation. The Freedmen families are black citizens. They have been opposed, ignored and excluded because of their race and treated in an unconstitutional discriminatory manner by their government.

The Obama Administration continues the 150 year racial pattern in this matter. At the White House conference, Obama said to the Indian Tribes gathered: I’ve heard you, I have seen you. And I hope I’ve done right by you… I hope I have set a direction that others will follow. Has the first Black President heard or seen the plight of the descendants of Black Indian Freedmen for legal redress?

(All are encouraged to email the White House at to ask the Obama Administration to settle with the Black Indian Freedmen families.)

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