Obama moves to allow states to set their own emissions standards
 

Story from the AP.

Thoughts?

I mean, the EPA is basically worthless at this point, so I'm not sure there would be any benefit to centralized regulation.

Similarly, I can't imagine why this wouldn't be a states-rights issue - there's literally no reason for Federal regulation.

Do you mean no constitutional basis?

Yes - very good catch. I'm sure we can come up with dozens of reasons, but no real Constitutional basis for it.

Obviously that's no longer really the appropriate standard, but it's fun to play the game.

Didn't you get the memo about the commerce clause applying to everything?

Well.. everything but rape.

At any rate, I think both of us know that what the Constitution says and how it has been interpreted over the years [Mirandawtf] are two extremely different things.

Word.

This seems like a perfect place to start righting the ship, though - there's little reason why Cali hippies can't have clean-air standards, while Alabama mud-lovin' truck junkies choose to behave like, well, themselves.

The trouble is that the environment isn't something which is contained within a state border. What one state does affects its neighbors (and much, much more).

I think the interstate commerce clause aspect is definitely arguable and the states have shown that they are incapable or unwilling to properly regulate the environment. Look at the country before and after the CWA, CAA, (pick your acronym).

It always concerns me when I start to look at things I think probably violate the Constitution and I think "hey... that's a good thing." But these environmental protection regimes, IMHO, are good things.

Judges have to choose what they want to do -- interpret the law or write it. Over the last 50 years or so, for the most part, our top judges have been doing too much of the later and too little of the former.

I like this move.