Calif. Chemical Safety Rules Push Constitutional Envelope
May 10, 2013, 12:29 PM EDT
Law360, New York (May 10, 2013, 12:29 PM EDT) -- It has long been a fundamental tenant of our federal system that the authority of the several states is limited to their boundaries and that “no State can legislate except with reference to its own jurisdiction.” Bonaparte v. Tax Court, 104 U.S. 592, 594 (1881). Today, in the arena of regulating the chemical safety of consumer products, this principle is being sorely tested.
Federal legislation, enacted decades ago, that was supposed to provide the solution, is now perceived as wanting. As a consequence, several states have...