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Originally Posted by Kamui4356
No, it's a bill that specificly says a state agency can't impose restrictions to curtail climate change. It would cover a state cap and trade bill, if any existed, but it doesn't apply to anything federal, as that would not be under the a state agency, which the bill does apply to.
The actual bill: http://www.azleg.gov/legtext/49leg/1r/bills/sb1147p.pdf
As you can see, it applies specificly to state agencies. It bans state emission regulations and state cap and trade laws. It does not and cannot cover the federal cap and trade bill.
It's a bill that applies to a state agency. They can't challange regulations posed by a federal agency with this because it's not the agency that the law covers, and the federal laws would trump the state laws anyway.  |
The bill in Arizona was designed to reign in out of control GHG regulation within the state and through it's agencies. That is not the issue. What is at issue was the LAST PARAGRAPH of teh article which specifically states that the foundation for an argument against a federal cap and trade bill would be in place with the passage of a state law forbidding cap and trade style laws. The premise that if it's illegal for the state, it is not likely ok for the fedzilla to do it either.
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As for what part of the constitution, environmental regualtions are imposed on businesses. As such it's covered under section 8 of the constitution reguarding the regulation of interstate commerce. States have a right to pass their own intra state regulations that apply within the state, and the federal government has a right to pass interstate regulations that apply to all the states. Regardless, it's irrelevent because this is a bill that applies to a state agency and nothing else. There's no dispute over states rights here at all.
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Section 8 regulates interstate commerce. It is not an excuse for an environmental act. If such an act is passed that forces a state to comply with the current terms in HR 2454, it will violate state rights. If you want to argue it, read HR 2454, and the amendment added with passage, and you will see there are many different regulations that do not fall under the scope of the fedzilla's power. Forcing a state to adopt building codes is a huge one. Forcing a state to adopt energy standards for power generation is another. All are outside the scope of the fedzilla, and all are further attempts to grow the fedzilla even more.