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View Diary: Say YES to Green Taxis After Supreme Court Says NO (45 comments)

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  •  Then please explain why (1+ / 0-)
    Recommended by:
    hikerbiker

    CA can have more strict emission standards then federal regulations.

    Or any other case where states or cities can have any regulations exceeding federal standards such as building codes.

    Honestly don't understand.

    What about my Daughter's future?

    by koNko on Mon Mar 28, 2011 at 08:31:43 PM PDT

    [ Parent ]

    •  each federal law is different (2+ / 0-)
      Recommended by:
      koNko, Mets102

      As to whether it provides a floor, a ceiling or neither.

      •  In other words (0+ / 0-)

        If it is a ceiling that would be the limit?

        But I'm just curious what the legal basis is.

        Obviously if the federal regulation provided no limits that would clearly leave the door open for local regulation, but if a locality wanted to enforce more strict regulations why stand in the way? I would think the opposite - failure to meet a minimum standard - would present the problem.

        Can you link to anything that explains this?

        Thanks.

        What about my Daughter's future?

        by koNko on Tue Mar 29, 2011 at 08:59:37 AM PDT

        [ Parent ]

        •  California emissions (2+ / 0-)
          Recommended by:
          Mets102, koNko

          The reason why California gets to set its own standards is because its local regulations predated the passage of the Clean Air Act. No other state gets to do so.

          One example of a ceiling would be the former federal law setting a maximum speed limit of 55 mph -- but, obviously, states could set lower speed limits on roads where appropriate.  

          But there are times when the benefits from standardization matter more than the ability to experiment locally -- imagine if each state had its own Drug Administration to determine what medicine you could take over the counter v. prescription.

          •  Thanks for your explanation (0+ / 0-)

            Actually, I am a strong advocate of Federal and International regulations and have worked on some technical committees advising international bodies and there are many reasons to promote standardization.

            However the caveats are that sometimes what you get is the lowest common demoninator, and there are often good reasons local regulations may need to be more restrictive - the local environmental conditions of California for example.

            So I tend to believe in a two tiered system where minimum standards are set and local standards can be higher, or even better when clear cut criteria is set for adapting to local conditions where that is possible.

            In my viewpoint, the US actually is too locally oriented and that presents exactly the problem you mention.

            But taking this case, I'm curious if a technical point of law has a regressive effect.

            In any case I appreciate your explanation.

            What about my Daughter's future?

            by koNko on Tue Mar 29, 2011 at 10:52:37 AM PDT

            [ Parent ]

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