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Full-Text Articles in Law
It's Getting Hot In Herre. California Senate Bill 1368 And The Dormant Commerce Clause, Andrew F. Adams
It's Getting Hot In Herre. California Senate Bill 1368 And The Dormant Commerce Clause, Andrew F. Adams
San Diego Journal of Climate & Energy Law
This Article addresses whether S.B. 1368 could hold up to a Commerce Clause challenge in three stages. Part II discuses the dormant Commerce Clause and how it is applied to state laws that potentially affect interstate commerce. It explains the history and development of the concept and fleshes out the two-step test that exists today: (1) courts determine whether a law is facially discriminatory; (2) if not, courts apply a test that weighs the respective burdens and benefits of the law. Part II also discusses the different ways in which many of the current Supreme Court Justices interpret and apply …
State Greenhouse Gas Regulation, Federal Climate Change Legislation, And The Preemption Sword, William W. Buzbee
State Greenhouse Gas Regulation, Federal Climate Change Legislation, And The Preemption Sword, William W. Buzbee
San Diego Journal of Climate & Energy Law
This Article starts in Part II by reviewing the basic anticipated design elements of federal climate legislation, then it reviews the substantial regulatory failure risks inherent in such climate change legislation. It then turns in Part III to analysis of preemption choices. The Article follows in Part IV by examining preemption jurisprudence, especially the growing risk of broad preemptive reads of federal law, and demonstrating how statutory uncertainties regarding preemption could result in subsequent interpretations substantially expanding the law's preemptive impact. ... Furthermore, as discussed in Part V, overlap and interaction of concurrent federal, state, and local climate change laws …