On Tuesday, November 18, 2014, ReFounders Indiana, Ltd., (www.ReFoundersIndiana.org) sponsored a rally to protest the EPA’s expansion of Coal Fired Power Plant emissions and Waterways of the U.S. regulations. The rally was held in the Indiana Statehouse on Organization Day for the Indiana State Legislature. Coinciding with the rally was a livestream radio broadcast, by ReFounders Indiana, with interviews of state legislators and concerned citizens who expressed disagreement with the new EPA regulation expansion.
ReFounders Indiana Communication Director, Geoffrey Wladeck
i, expressed the concerns of many Hoosiers. What will happen when we start to close coal powered electric plants because of the new EPA regulations, which the EPA has stated “do not affect global warming”? Why does the EPA desire to regulate any ditch, any pond, and by implication, any well, on private property?
According to ReFounders Indiana, these two new regulations are not approved by Congress and are an unconstitutional overreach by an unelected federal agency. Indeed, Congress’ own delegation of its legislative powers to the EPA is also unconstitutional.
Citizens of Indiana can act in two ways. One is to sign the online petition at www.CountOnCoal.org which will send a message to the EPA that you are against the expansion of the EPA’s coal power emissions regulations. The second action is to contact your Indiana state representative and Indiana state senator and tell them to negate both of these regulations. Your state legislature has the power and the right to make legislation that prevents unconstitutional federal laws and regulations, like these two from the EPA, from being implemented in Indiana.
How can a state legislature negate an unconstitutional federal law or regulation?
- The states created a contract called the Constitution of the United States. The states created the federal government. And the supreme law of the United States is the Constitution and any laws made “in pursuance thereof” (Article VI).
- The federal government really has only four powers. Declare war, declare peace, negotiate on behalf of the states with foreign powers, and regulate commerce with foreign powers (Article I, Section 8).
- The rights and powers not specifically mentioned in the Constitution are reserved to the states and to the people (Amendment X).
- The states, therefore, have the right, and indeed have the responsibility, to negate unconstitutional federal laws and regulations.
- So, we are asking our Indiana state legislature, Senate President David Long, House Speaker Brian Bosma, and Governor Mike Pence, to pass legislation that negates the WOTUS EPA regulation expansion and the Coal Fired Power Plant regulation expansion.