ReFounders Indiana Proposes Nullification Bill

ReFounders Indiana has proposed legislation to nullify damaging EPA regulations. The following letter was written to our state representatives. Call your state representative and have them support this bill!

Letter to Indiana State Representatives

December 8, 2014

ReFounders Indiana, Ltd.
P.O. Box 32
Rockville, IN 47872

Dear State Representative,

ReFounders Indiana, Ltd. proposes legislation that stops the bully, the Environmental Protection Agency (EPA) from unconstitutionally regulating waterways in Indiana and regulating coal powered electric generation plants in Indiana. We are asking you to co-sponsor and support this legislation to protect the citizens and businesses of Indiana.

We worked on this legislation using Arizona’s Senate Resolution 1003 as the opening to nullify the EPA, transferring all future environmental protection regulation to the General Assembly to be implemented by the Indiana Department of Environmental Management (IDEM).

Our proposed legislation takes into account the following:

  1. We keep some form of environmental protection to provide for legitimate environmental concerns.
  2. We feel that we must legislate environmental regulations for the state of Indiana so that this proposed bill has the full force of law and is not just a resolution.
  3. Governor Pence has many times expressed his supportive position on federalism. He has shown in the past that as long as he can return constitutional responsibilities to the state, he is willing to challenge the federal government. So, we feel that the Governor is much more likely to sign the bill if it does that.
  4. By returning this power over to the General Assembly, the citizens of Indiana have a greater voice in what happens in the future, and it keeps IDEM from over-regulating like the EPA.
  5. We suggest that sponsors of this bill could use regulations from 2005 for a starting base because Indiana already complies with those regulations and it is pre-agenda 21 and pre-CO2 emissions standards. There is nothing stopping the legislature from reviewing those regulations and omitting any of those currently not being enforced that would further damage our energy producing abilities or our farming communities.
  6. Several associations have expressed their desire or commitment to non-compliance with the EPA regulations. Without state legislation protection we are forcing them to go out on a limb by themselves. Those entities would include, The National United Mining Association, REMC, Farm Bureau, IMPA, and even the Chamber of Commerce. We are already speaking with some of these associations in hopes of getting them to directly support this legislation.

You have been selected to receive this information due to your support in the past as a Constitutional Senator and recognition as a States Rights Refounder. A complete list of recipients are included below, directly above our mission statement.

Your leadership and support of this legislation will give hope to Hoosiers and other states that struggle with the overbearing bully EPA.

Board Members of ReFounders Indiana, Ltd.
For further information contact: D.K. Smith /President Refounders Indiana LTD 812-661-2298

Text of the Proposed Legislation

Whereas, the Tenth Amendment to the Constitution of the United States reads as follows:  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and

Whereas, the Tenth Amendment defines the total scope of federal power as being that which is specifically granted by the Constitution of the United States and no more; and

Whereas Article VI states that federal actions are supreme only when made in “pursuance thereof” constitutionally authorized laws; and

Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be an agent of the States; and

Whereas, the rule making authority of the Environmental Protection Agency is not authorized by the Constitution of the United States in any article or amendment and violates its true meaning and intent as given by the founders and ratifiers.

Be it resolved by the General Assembly of the State of Indiana:

That the Members of the General Assembly support the nullification in the State of Indiana of all rules imposed by the Environmental Protection Agency.

That the State of Indiana being conscious of the need for Environmental Protection for its citizens, deem that it will provide this protection through the Indiana Department of Environmental Management; and

That all rules, regulations and funding appropriations will be determined through passage by the legislative body of the State of Indiana; and

That Indiana Department of Environmental Management will be responsible for the implementation of all necessary regulations.

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