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Legal Thinking代写 Case代写 Legal Issue代写

2020-11-20 12:13 星期五 所属: Essay代写 浏览:57

Legal Thinking代写

Critical Legal Thinking Case

Legal Thinking代写 South Coast Air Quality Management District is an established function under the provision of the Clean Air Act.

Engine Manufacturers Association v. South Coast Air Quality Management District, 541 U.S. 246, 124 S.Ct. 1756, 2004 U.S. Lexis 3232

Summary of Facts  Legal Thinking代写

South Coast Air Quality Management District is an established function under the provision of the Clean Air Act. Districts are charged with the role of developing and implementing strategies under The Clear Air Act to protect extreme nonattainment areas as classified by the Environmental Protection Agency. Therefore, among other measures and procedures to reduce emission is stringent air pollution adopted by South Coast. Legal Thinking代写**范文

On the other hand, engine manufacturers have a role in producing engines that meet emission standards of a particular district. In such adherence is the preservation of the law established in The Clean Air Act of Federal Government.

Legal Issue  Legal Thinking代写

The legal issue that arises from the case is whether the federal Clean Air Act preempts South Coast standards. It also seeks determination on whether South Coast functions within the precincts of the Act. If it is found the standards set are unacceptable, and against the Act, South Coast will be barred from enacting them. On the other end, Engine Manufacturers Association will win to produce conventional engines.

Applicable Law and Outcomes Legal Thinking代写

Basins are classified as nonattainment areas for ozone, and hence keen interest to control and mitigate further pollution is not only necessary but desirable. States are responsible for protecting air against pollution by devising such measures per the Clean Air Act seeking to lower or stop emission. Legal Thinking代写**范文

Legal Thinking代写
Legal Thinking代写

South Coast Air Quality Management District is authorized to adopt the regulations by California state. The rules require both public and private fleets operating in South Coast district to buy or replace their fleet with only vehicles that use clean energy like methanol or equivalent. The rule applied to operators of more than 15 cars.

Fleet Rules are used by states and districts on observing cleaner air.  Legal Thinking代写

The rules are part of market participation doctrine that guides the role the state in the market. The exercise of market participation by a state or district is immune from federal statutes that may otherwise preempt them. Federal preemptions do not apply to proprietary state actions as applied by South Coast.

The Clean Air Act recognizes the role of state in air conservation.  Legal Thinking代写

The purpose of the Act is to ensure states regulate and control air pollution. It confers the part of clean air to the states and districts where they are supposed to enact achievable measures and strategies. Therefore, The Clean Air Act does not preempt South Coast rules on air pollution.

Legal Thinking代写
Legal Thinking代写

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