Enrolled Copy S.C.R. 3
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Concurrent Resolution Supporting Federalism
Principles and Utah's Control of its Energy Future
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Carl R. Albrecht
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LONG TITLE
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General Description:
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This resolution reaffirms Utah's sovereignty under the principle of federalism and asserts
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the state's right to determine its own energy policies.
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Highlighted Provisions:
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This resolution:
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▸ reiterates the powers afforded to states under the United States Constitution and its
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protections against federal overreach;
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▸ affirms that the authority to determine energy policies affecting state residents is among
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the powers reserved to states under the Tenth Amendment;
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▸ explains the significance of the United States Supreme Court's "Loper Bright" decision in
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preserving federalism;
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▸ asserts Utah's right to play a primary role in determining energy policies within its
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borders;
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▸ urges the federal government to limit its role in energy regulation to matters of interstate
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commerce and national security;
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▸ requests meaningful consultation between federal agencies and states when developing
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energy-related policies; and
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▸ calls for formal mechanisms for state input in federal energy policy decisions.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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S.C.R. 3 Enrolled Copy
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Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
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WHEREAS, the Tenth Amendment to the United States Constitution reserves powers not
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delegated to the federal government to the states or to the people;
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WHEREAS, as the United States Supreme Court once explained, the Tenth Amendment
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serves to "allay fears that the new national government might seek to exercise powers not
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granted, and that the states might not be able to exercise fully their reserved powers";
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WHEREAS, these reserved powers encompass the authority to regulate matters directly
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affecting the well-being, health, and safety of state residents;
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WHEREAS, the Tenth Amendment is the cornerstone of constitutional federalism and acts
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as a bulwark against federal intrusion on state authority and individual liberty;
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WHEREAS, the federal government is a government of limited jurisdiction and powers;
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WHEREAS, energy policy fundamentally impacts the economic prosperity, public health,
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environmental quality, and overall quality of life within each state;
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WHEREAS, the regulation of energy production, distribution, and use plays a significant
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role in shaping land use, local economic development, and the protection of natural resources;
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WHEREAS, states have direct knowledge of the local geography, resources, economic
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needs, and environmental concerns;
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WHEREAS, this local expertise enables the states to make better informed decisions
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regarding the regulation of energy production, distribution, and consumption within their
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jurisdiction;
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WHEREAS, federal energy policies and regulations have increasingly encroached upon
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these traditional areas of state authority;
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WHEREAS, the United States Supreme Court recently reinforced the principle of
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federalism in Loper Bright Enterprises v. Raimondo (the "Loper Bright" decision);
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WHEREAS, the Loper Bright decision eliminated the Chevron doctrine, a longstanding
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precedent that required courts to defer to a federal agency's interpretation of law and resulted
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in arbitrary and unchecked federal rulemaking;
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WHEREAS, the federalism canon, as acknowledged by the United States Supreme Court in
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the Loper Bright decision, requires courts to presume that federal law does not preempt state
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law because of the sovereignty states enjoy under the United States Constitution;
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WHEREAS, effective energy policy requires balancing national interests with state and
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local concerns; and
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WHEREAS, a cooperative approach between federal and state governments can lead to
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more effective and tailored energy policies:
- 2 - Enrolled Copy S.C.R. 3
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NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
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Governor concurring therein:
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(1) reaffirms Utah's sovereignty under the Tenth Amendment to the United States
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Constitution and pledges to safeguard the state's sovereignty from unconstitutional federal
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overreach;
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(2) affirms that the authority to determine energy policies substantially affecting the
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well-being of state residents is among the powers reserved to the states under the Tenth
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Amendment;
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(3) recognizes the significance of the Loper Bright decision in preventing unjustified
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intrusions into state sovereignty and urges state agencies to review the federal regulations
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impacting the state to ensure those regulations are lawfully authorized;
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(4) asserts Utah's right to play a primary role in determining energy policies within its
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borders, including decisions regarding energy resources and infrastructure;
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(5) calls upon the federal government to recognize states' constitutional authority and
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superior positioning to make location-specific decisions about energy projects and to defer to
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states on such matters;
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(6) urges the federal government to limit its role in energy regulation to matters of interstate
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commerce and national security, while respecting states' authority to govern intrastate energy
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matters;
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(7) requests that federal agencies engage in meaningful, early, and ongoing consultation
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with states when developing energy-related policies or regulations that may affect state
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interests;
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(8) encourages Congress to pass legislation requiring federal agencies to demonstrate that
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they have adequately consulted with and considered input from affected states before
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implementing any energy-related regulations;
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(9) calls for the creation of formal mechanisms for state input in federal energy policy
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decisions; and
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(10) calls on the federal government to reign in its regulatory apparatus and uphold the
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balance of powers where the Constitution of the United States established it.
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BE IT FURTHER RESOLVED that the Legislature directs that copies of this resolution be
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sent to the President of the United States, the Majority and Minority Leaders of the United
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States Senate, the Speaker and Minority Leader of the United States House of Representatives,
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and the members of Utah's congressional delegation.
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