The Second Circuit Takes on the Clean Air Act’s International Air Pollution Provision and Climate Change
Law Columbia
APRIL 23, 2021
Congress has no authority to directly regulate emissions on foreign soil, nor is there any practical or politically viable scenario in which it would. It only has to “speak directly” to the issue of international air pollution that may harm the United States. But it need not do so to displace the federal common law of foreign affairs.
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