Two bills, both attempting to reassert state sovereignty over environmental regulations, will be considered in Virginia’s 2011 legislative session. The first, House bill 1357 (HB1357) addresses the regulation of carbon dioxide emissions specifically, while the second, House Bill 1397 (HB1397) seeks to protect Virginia homeowners from potential cap and trade requirements.

HB1357 was originally introduced in January 2010 – but was carried over for the 2011 session back in February. It’s primary object? To ensure that the state holds authority over the regulation of carbon dioxide emissions – as the Constitution provides. The following is its summary, as introduced:

Department of Environmental Quality; carbon dioxide. Prohibits the Air Pollution Control Board and the Department of Environmental Quality from taking any action to restrict the emission of carbon dioxide. Any federal law or regulation that purports to prohibit, limit, or control in any way the emission of carbon dioxide shall be without authority, void, and of no force within the boundaries of the Commonwealth.

HB1397 was prefiled for the 2011 session on 07-21-10. If passed, it would protect homeowners from regulations, requirements, etc – that may come from federal cap and trade legislation. The following is its summary, as introduced:

Residential energy efficiency standards. Exempts any residential building or manufactured home in Virginia from being subject to federal “cap and trade” legislation if such buildings comply with the Statewide Uniform Building Code.The owner of such building or home cannot be required by the federal government to (i) have an energy efficiency analysis conducted on his residence, (ii) have his residence meet federal energy efficiency standards, (iii) participate in a building performance labeling program, (iv) make modifications to the residence in accordance with federal legislation, and (v) post a label showing the energy efficiency of his home prior to its sale. The bill also prohibits a state agency from assisting any federal agency in the implementation of global warming or climate change legislation.

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned. Implied in such legislation is that the state apparatus will enforce the act against all violations – in order to protect the liberty of the state’s citizens.

Already 25 states have passed laws and resolutions to effectively nullify the 2005 Real ID act, and 15 states are actively defying and nullifying federal laws on medical marijuana.

*******

CLICK HERE to view the Tenth Amendment Center’s Cap and Trade/EPA nullification tracking page

The Tenth Amendment Center has released the Environmental Preservation Act to help save water, land, and air quality by keeping its regulation away from the politically-interested federal government – and putting it where it belongs, on a state level.


Concordia res parvae crescunt


Small things grow great by concord...

Tenth Amendment Center


"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."


FOLLOW US

Get in Touch

14 + 4 =


MAIL:
PO BOX 13458
Los Angeles, CA 90013


PHONE:
213.935.0553

The 10th Amendment

“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.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

108 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens.

maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues – history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose – the “Foundation of the Constitution.”

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history – and today.

nullification