· 5/3/1988
Fugate v. United States
Citations
- 15 Cl. Ct. 521
- 1988 U.S. Claims LEXIS 82
- 1988 WL 102136
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that New York may adopt preempted emissions standards so long as the state “makes no attempt to enforce” the standards before a preemption waiver has been obtained
- explaining California's unique exemption from federal preemption over mobile- - 36 - source regulations
- “The states have broad license to institute their own programs for the reduction of air pollution, principally through the regulation of stationary sources, such as industrial stacks and vents.”
- waiver is a precondition to enforcement, not adoption
- no Chevron defere EPA advisory circular
Source: CourtListener parenthetical corpus (CC0).
Judges: Napier
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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