It’s been a while since we’ve seen an amusing attempt to unilaterally subvert the federal government, hasn’t it?
In this case, Idaho Republicans are arguing that the Supremacy Clause does not apply because the EPA itself is unconstitutional. Or something.
A new bill, introduced by Idaho Rep. Paul Shepherd (R-Riggins), declares that the EPA’s regulatory authority is unconstitutional and violate’s the U.S. Constitution’s “true meaning and intent as given by the founders and ratifiers.” For that reason, if the bill was passed, the EPA’s authority would “not be recognized by this state, is specifically rejected by this state and shall be considered null and void and of no force and effect in this state.” [...]
Shepherd said that the bill would’t nullify any regulations that have been approved by Congress, but Congressional approval isn’t part of the EPA’s regulatory process.
EPA regulations can be reviewed by federal courts and the state cannot nullify the decisions of federal courts regardless of what Paul Shepherd (R-Tentherville) says. The state does not have the authority to simply nullify the EPA’s regulatory power on a whim.
If Shepherd and his supporters want to block the EPA’s regulation of dredging, they can challenge it in court. They cannot pull the Tenth Amendment out of their ass and wave a wand to make it go away.
Nullificationists deserve every ounce of ridicule.