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> it's arguable that this has to be done through a Federal framework, and not at the State level. That doesn't follow. I'm not a 10th amendment fanatic and I t

> it's arguable that this has to be done through a Federal framework, and not at the State level. That doesn't follow. I'm not a 10th amendment fanatic and I think the commerce clause has been hugely important, but even I have a problem with the inversion that anything that can be regulated by the federal government must be regulated only by the federal government :) The Clean Air Act is statute, and by statute allowed for the California waivers. There's no constitutional argument that shouldn't be allowed.

zaroth 7y ago
Isn’t the Clean Air Act statute — itself an act of Congress — the Commerce Clause in action?
- magicalist 7y ago
  > Isn’t the Clean Air Act statute — itself an act of Congress — the Commerce Clause in action? Yes, but the reason (from your OP) "a State can effectively set emissions standards" is because the Clean Air Act explicitly allows it to and allows other states to voluntarily follow suit.
  - zaroth 7y ago
    I think we may be arguing in circles. The Clean Air Act gives the EPA the authority to grant the State the ability to set their own standards. It does not require the EPA allow States to set their own standards. If the question is whether the States have the authority to set fuel standards absent Federal approval, I think the Commerce clause stipulates that they cannot, neither directly nor effectively. The Supremacy clause of the Constitution means that EPA standards will preempt the State standards if the EPA says they should. My original point is that’s probably a good thing overall, because what’s true for vehicle efficiency standards would be true for innumerable other goods which we want to be able to sell anywhere in the country under a single standardized set of [safety, environment, labeling, packaging, warranty, liability, supply chain, and labor] regulations.

zaroth 7y ago

Isn’t the Clean Air Act statute — itself an act of Congress — the Commerce Clause in action?

magicalist 7y ago
> Isn’t the Clean Air Act statute — itself an act of Congress — the Commerce Clause in action? Yes, but the reason (from your OP) "a State can effectively set emissions standards" is because the Clean Air Act explicitly allows it to and allows other states to voluntarily follow suit.
- zaroth 7y ago
  I think we may be arguing in circles. The Clean Air Act gives the EPA the authority to grant the State the ability to set their own standards. It does not require the EPA allow States to set their own standards. If the question is whether the States have the authority to set fuel standards absent Federal approval, I think the Commerce clause stipulates that they cannot, neither directly nor effectively. The Supremacy clause of the Constitution means that EPA standards will preempt the State standards if the EPA says they should. My original point is that’s probably a good thing overall, because what’s true for vehicle efficiency standards would be true for innumerable other goods which we want to be able to sell anywhere in the country under a single standardized set of [safety, environment, labeling, packaging, warranty, liability, supply chain, and labor] regulations.