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State standards, §209

Hybridizing Federal and State Regulation of Clean Taxis Introduction

For years, attempts by states and localities to regulate vehicular emissions have been thwarted by the Supreme Court’s environmental preemption doctrine. These preemption cases emphasize textual, plain-meaning interpretations of the...

The Legality of EPA's Greenhouse Gas Waiver Denial

Editors' Summary

In December 2007, EPA denied a request submitted by California pursuant to §209 of the CAA. That request for a waiver from federal preemption, if granted, would have allowed California to set its own motor...

No Second-Class States: Why the California Exceptions in the Clean Air Act Are Unconstitutional

Editor's Summary: The U.S. Department of Transportation's new fuel economy rules for light trucks and sport utility vehicles are under fire, in part because the Bush Administration has taken the position that the new rules preempt the...