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South Coast Air Quality Case

 
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Joined: 31 Jan 2005
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PostPosted: Thu Aug 29, 2013 1:07 pm    Post subject: South Coast Air Quality Case Reply with quote

South Coast Air Quality Management District (South Coast) is a political entity of the state of California. South Coast establishes air pollution standards for Los Angeles. South Coast enacted rules that prohibited the purchase or lease by public and private fleet operators of vehicles that do not meet stringent air pollution standards set by South Coast. South Coast's standards are more stringent than those set by the federal Clean Air Act passed by Congress. A law suit is initiated against South Coast, claiming South Coast's rules are preempted by the federal Glean Air Act. Are South Coast's rules preempted. Make sure you give your complete legal reasoning?

ADVICE AND WARNING:

I also want to advise each of you that consulting the internet and doing a "cut and paste" job to answer your questions is not worth any points in answering the hypotheticals. (I can recognize when you have used source material other than your textbook and my lectures.) You don't need the internet to answer any hypothetical I assign. What is necessary is for you to first look at the question, then carefully read the entire hypothetical, and then use the law that is covered in class to answer the question.

Additionally, use of the internet can also lead you astray as many times I use the facts of actual cases and ask questions that are not asked or answered by the Courts.

Lastly, the skills necessary in this class include analyzing legal fact situations and seeing how they fit fact patterns. If you don't create your own answers doing my assignments you will be lost later on in the course.
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