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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.