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> “Congress, not California, is the only body that can regulate the interstate automotive market,” Joyce said during a Monday meeting of the House Rules Committ

by abeppu 1y ago

> “Congress, not California, is the only body that can regulate the interstate automotive market,” Joyce said during a Monday meeting of the House Rules Committee > Yet the Senate parliamentarian, the nonpartisan arbiter of the upper chamber’s rules and procedures, ruled last month that the waiver is not a regulation subject to the Congressional Review Act. > Regardless of action on Capitol Hill, the EPA could revoke California’s waivers on its own. So the House voted to block this but it's pretty murky whether congress has such an authority, but the EPA _does_ have such an authority ... but why does any federal body have this authority? I can see how e.g. if CA attempts to outlaw residents from buying cars in NV, that this would be an inter-state commerce issue. But if a CA resident wants to buy a car (from a dealership) in CA, why shouldn't CA be able to set requirements about that car?

mullingitover 1y ago
That ship has sailed. There was a Supreme Court judgment log before we were born that decided that a farmer growing something on their own land for their own consumption was affecting interstate commerce because it was affecting demand in other states. Numerous cases since have further nailed down the claim that basically any economic activity is governed by federal law.
- floxy 1y ago
  https://en.wikipedia.org/wiki/Wickard_v._Filburn https://en.wikipedia.org/wiki/Wickard_v._Filburn
- metalcrow 1y ago
  Strangely, this isn't true in other supreme court rulings, National Pork Producers Council v. Ross for example. The commerce clause is powerful but there are rules around it.
floxy 1y ago
>but why does any federal body have this authority? The current "Advanced Clean Cars II" is operating under a federal EPA waiver for California and 12 other states. The EPA regulates sources of pollution, which includes internal combustion automobiles. The current waiver allows California (and the other states with identical legislation) to have stricter pollution standards for cars than the rest of the U.S.. California could institute a special sales tax on internal combustion engine vehicles and raise the rate on gas taxes without federal interference.

by abeppu 1y ago

mullingitover 1y ago

That ship has sailed. There was a Supreme Court judgment log before we were born that decided that a farmer growing something on their own land for their own consumption was affecting interstate commerce because it was affecting demand in other states. Numerous cases since have further nailed down the claim that basically any economic activity is governed by federal law.

floxy 1y ago
https://en.wikipedia.org/wiki/Wickard_v._Filburn https://en.wikipedia.org/wiki/Wickard_v._Filburn
metalcrow 1y ago
Strangely, this isn't true in other supreme court rulings, National Pork Producers Council v. Ross for example. The commerce clause is powerful but there are rules around it.

floxy 1y ago

>but why does any federal body have this authority? The current "Advanced Clean Cars II" is operating under a federal EPA waiver for California and 12 other states. The EPA regulates sources of pollution, which includes internal combustion automobiles. The current waiver allows California (and the other states with identical legislation) to have stricter pollution standards for cars than the rest of the U.S.. California could institute a special sales tax on internal combustion engine vehicles and raise the rate on gas taxes without federal interference.