Tag: U.S. Court of Appeals

9th Circuit Rules Against Local Pesticide Regs

By William C. Schillaci Dec 12, 2016 Chemicals

Updated: Dec 12, 2016

Disputes about environmental preemption usually make news in the context of disagreements over federal versus state statutory and constitutional authority. (Note that preservation of state power was probably the major final obstacle holding up Congressional passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which reformed the federal Toxic Substances Control […]

Minnesota CO2 Law Found in Violation of Commerce Clause

By Clare Condon Jul 5, 2016 Energy

Updated: Aug 22, 2017

A Minnesota law that prohibits utilities from meeting state electricity demand with power from new plants that contribute to statewide carbon dioxide (CO2) emissions was found in violation of the Constitution’s dormant Commerce Clause because the law places an undue burden on interstate commerce.