Who needs constitutional government when you have CARB?
Washington Times (9/28/22) op-ed: "The California Air Resources Board recently voted to ban the sale of gasoline-powered cars and trucks in California by 2035. Such a ban will eviscerate consumer choice, pose enormous and perhaps insurmountable challenges to electricity generation, infrastructure, charging and battery production, damage consumers (electric vehicles already cost $66,000 on average and are not going to get cheaper), and lead directly to increased dependence on communist China (which owns or controls 80% of all minerals used to make EVs). This is an important issue for all Americans, because under the Clean Air Act, California alone has the authority to establish air quality standards that are more stringent than those of federal law, although other states may choose to adopt California’s standards. And 16 states — with 40% of the national car and truck market — are already prepared to follow California’s lead...Fortunately, it seems likely that the courts will conclude that California is prevented from imposing the ban because it intrudes on federal regulation of fuel economy standards. Or because the Clean Air Act waiver is the wrong instrument in this case. Or because the major questions doctrine requires explicit congressional direction. Or the courts may decide that the whole mess is contrary to the commerce clause. In other words, those who seek to stop California’s attempt to upend the vehicle market have many legal and constitutional paths to do so. That’s a good thing."
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