interstate commerce
Animal Cruelty and Interstate Commerce
A sleeper Supreme Court case could impact state climate legislation.
A month from now, the Supreme Court will hear a case about an animal cruelty law. It’s not an environmental law case, but the ruling could impact the authority of states to address climate change. Odds are that its impact will be limited, but you can never be sure of what five Justices might decide …
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CONTINUE READINGIn Support of Public Health Federalism
Reactionary State Responses to COVID-19 (and Other Threats to Public Health) Don’t Mean Federalism Is For Suckers
For decades, “states’ rights” has been a rallying cry of the right wing. Most Americans are familiar with the dynamics that required the federalization of civil rights law, both in the 1860s and again in the 1960s, the protection of much of our nation’s federal lands, and the national crises that necessitated the federal government …
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CONTINUE READINGRegulators Between a Rock and a Hard Place: The Extraterritorial Dilemma
Current dormant commerce clause doctrine creates an incredible dilemma for state lawmakers. No matter what they do, they are at serious risk of attack under the dormant commerce clause. Here’s an example. Suppose a state wants to move its own electricity generators from fossil fuels to renewable energy. For instance, the state might require that …
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CONTINUE READINGAttack of the Dim Bulbs
The country may be flirting with deadbeat status and risking another financial meltdown, but some people keep their eyes on the prize — they know what’s really important. The House of Representatives yesterday voted on the BULB Act, repealing the federal mandate to increase the energy efficiency of light bulbs. (The bill was considered so …
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