Ohio AG Cites Commerce Clause Ruling To Bolster Auto Waiver Challenge

Ohio Attorney General Dave Yost (R) is touting aspects of the Supreme Court’s recent split decision concerning the “dormant” Commerce Clause to bolster Republican states’ pending challenge to EPA’s preemption waiver for California’s vehicle greenhouse gas standards. In a May 16 letter to the U.S. Court of Appeals for the District of Columbia Circuit, Yost cited the fact that three Supreme Court justices favorably cited precedent concerning the “equal sovereignty” principle in the high court’s recent decision in National Pork...