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Federalism In Action (FIA), a 501c(3), is a national public policy organization promoting American federalism — the uniquely American notion that individual liberty is protected only through a proper balance of authority and a healthy tension between the national and state governments. We believe the Clean Power Plan (CPP) violates these basic principles of American federalism. The Supreme Court reaffirmed recently that “our nation was, and is, a union of States,” not a conglomerated, centrally directed technocracy where unelected bureaucracies like the EPA dictate by regulatory fiat the type and amount of energy a state may utilize to ensure the health, safety and welfare of its citizens.  Policies that ensure the affordability and reliability of power within a state have a long standing recognition as solely within the authority of the State. This EPA Clean Power Plan seeks to turn the fundamental balance of authority and healthy tension between federal and state government on its head on something as vital to everyday life as energy. The impacts of this EPA overreach are far-reaching for working families, small businesses, the production and preservation of our food supplies, and beyond.  In rolling out this Clean Power Plan developed by bureaucrats behind closed doors, the EPA has circumvented Congress in attempting to exert a stranglehold over the most central element that drives our economy and facilitates every aspect of our modern lives — energy!

Federalism In Action agrees with recent pronouncements of the Supreme Court that “The Framers thus ensured that powers which ‘in the ordinary course of affairs, concern the lives, liberties, and properties of the people’ [are] held by governments more local and more accountable than a distant federal bureaucracy. The Federalist No. 45, at 293 (J. Madison)” and that “the facets of governing that touch on citizens’ daily lives,” like the affordability and reliability of energy, is most accountable “administered by smaller governments closer to the governed.”

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