She also wants the permitting process to include an examination of the jobs or economic impact a permit would have on the surrounding community.
Criticism of the EPA on both the state and national levels is not new. West Virginia Democrats Sen. Joe Manchin and Rep. Nick Rahall also blasted the federal court's decision on the Spruce Mine permit.
Capito has supported similar legislation in the past but said this measure goes further in its attempt to curb EPA action. McConnell agrees.
"What EPA is doing is outside the scope of its authority, outside the scope of the law, and represents a fundamental departure from the permitting process as originally envisioned by Congress," McConnell said in a news release.
"So if this administration won't rein the EPA in, Congress will. Congress must."
The GOP-controlled House has approved bills with similar features before, and Capito thinks this bill is also likely to pass. Even with McConnell's support, she said passage in the Democrat-controlled Senate "is a problem."
She and McConnell are looking for Democrat co-sponsors.
The pair plans to introduce the measure in both the House and Senate Monday when lawmakers return to Washington, Capito said.
The Associated Press contributed to this report.
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