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McCoy Elkhorn Coal Corp. v. EPA

Citation: 9 ELR 20545
No. No. 79-9, 13 ERC 1025/(E.D. Ky., 05/07/1979)

Section 125 of the Clean Air Act, under which major air pollution sources can be required to use local coal in order to minimize local economic disruption, is not unconstitutional under either the Commerce Clause or the Fifth Amendment.Although this provision treats differently persons within and without a geographic region, the Fifth Amendment'...

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