Is this really goin to happen?, 2035 Phase Out all new gas cars |
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Is this really goin to happen?, 2035 Phase Out all new gas cars |
ndfrigi |
Sep 23 2020, 02:36 PM
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#1
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Advanced Member Group: Members Posts: 2,928 Joined: 21-August 11 From: Orange County Member No.: 13,474 Region Association: Southern California |
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Robarabian |
Sep 23 2020, 10:41 PM
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#2
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914 A Roo Group: Members Posts: 592 Joined: 11-February 19 From: Simi Valley, Kalifornia Member No.: 22,865 Region Association: Southern California |
Not being political... legal analysis only...
but .. the order is mostly symbolic. It violates the Commerce Clause of the US Constitution, so it fails judicial scrutiny, in theory. Now, the automakers would have to challenge it and get it before the courts, in this case, the 9th Circus and then the Supreme Court. That being said, if one party wins the election, they could decide the "green new deal" is so important, they could try to modify the commerce clause. But mostly, it would not live through judicial scrutiny. For those of you who need the primer on the Commerce Clause, you cannot enact a law that negatively impacts interstate commerce, or commerce between the 50 states. You can enact all the laws you want "within" the state, or "intrastate commerce". This clearly effects commerce between states as automakers are both foreign and domestic. And yes, I would love to leave CA, but I won't take a BAR exam again, as it was miserable the first time.... |
914_teener |
Sep 24 2020, 01:13 PM
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#3
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914 Guru Group: Members Posts: 5,197 Joined: 31-August 08 From: So. Cal Member No.: 9,489 Region Association: Southern California |
Not being political... legal analysis only... but .. the order is mostly symbolic. It violates the Commerce Clause of the US Constitution, so it fails judicial scrutiny, in theory. Now, the automakers would have to challenge it and get it before the courts, in this case, the 9th Circus and then the Supreme Court. That being said, if one party wins the election, they could decide the "green new deal" is so important, they could try to modify the commerce clause. But mostly, it would not live through judicial scrutiny. For those of you who need the primer on the Commerce Clause, you cannot enact a law that negatively impacts interstate commerce, or commerce between the 50 states. You can enact all the laws you want "within" the state, or "intrastate commerce". This clearly effects commerce between states as automakers are both foreign and domestic. And yes, I would love to leave CA, but I won't take a BAR exam again, as it was miserable the first time.... The historical analysis is in The Clean Air Act( Federal Law)which Southern California has been in violation of since it was signed back in the 60's. Has nothing to do with Interstate Commerce. The catalytic converter was mandated for California( by the Feds) to comply with this law. The only reason the rest of the country put them on was economics. 40 million people now which most whom drive cars command a pretty big market share. A primer in history and the same thing will prevail with EV's. Newsom is playing this like he invented the idea that this will happen. Politicians do this since they were invented by us. Detroit wants one standard because safety and now.....yes.....wait for it..................now lawyers get involved when bad sh**t happens. Right now.....and I'll put on my engineering hat....Batteries and charging standards are the tipping point along with the grid are holding EV's from going full tilt here (in CA) Pete is right....particularly in CA.....EVERYONE and most engineers from out of state that I know have their eyeballs glued to what happens to SPG &E. |
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