VikingsGuy
Well-known member
Just for clarification, the Interstate Commerce Clause affords the Federal Govt. the power to regulate matters such as this if it so chooses, but it does not create an affirmative right of any state or citizen to have their preferred commercial activity protected by such action. Congress could have passed laws limiting WA oversite of this project, but in its silence, WY & MT have zero right for a court to preserve it. Where the Commerce Clause shows up in most litigation are opponents of a federal law challenging whether or not a recited interstate concern is sufficient to grant the fed gov the power to act at all. "Upholding" the ICC typically means granting congress broader scope of authority on local matters - not something the rural states typically like.
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