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Thursday, March 12, 2009

CA law dean commentS on state greenhouse gases


I thought you might want to speak to John Eastman, Dean of the Chapman University School of Law.

“In short, I think both of the claims have merit, and an appeal to the Court of Appeals and perhaps ultimately the Supreme Court should be expected,” Dean Eastman says.

“The points I would make are that federal regulations in this area have preempted local state laws to the contrary. Moreover, even without that preemption, the effect on interstate commerce is so great that California's actions may well violate the dormant commerce clause,” Dean Eastman adds.

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