"J. Clarke" wrote in message
in.local...
In article ,
says...

"Joseph Gwinn" wrote in message
...
In article ,
"Ed Huntress" wrote:

"Joseph Gwinn" wrote in message
...
In article ,
"Ed Huntress" wrote:


[snip]


Now, about EPA overreach and the dishwasher detergent regulations:
They
aren't from EPA at all. It's 16 individual states that enacted the
near-ban
in 2009 and 2010.

The question is what prompted them.

And if the EPA had declared dishwasher detergent phosphate use as de
minimus, the states would not have argued. Actually, they could not
have argued, by federal preemption. So, we are back in Washington.

Uh, I'm not sure where preemption enters this. EPA did not dictate to
the
states what they had to do. They supplied research and analysis.

There was a recent Supreme Court case on just this. If the Feds have
entered an area, the states have to back off.

For instance http://www.faegre.com/13445.

There may be others, but I wasn't paying attention at the time.

Joe Gwinn

Yeah, I'm aware of the law regarding federal preemption, but I have seen
no
evidence that it applies in this case. If the EPA wrote a regulation on
it
and if a state tried to oppose it, there would be a preemption case.

Again, I have not come across any such issue in the little reading I've
done
about it.

I believe that he's saying that IF the EPA had declared phosphates in
dishwasher detergent to be ACCEPTABLE then the states could not have
banned it.

If that's what he's saying, that's not the case. On the other hand, if the
EPA banned it, and a state tried to legalize it, preemption would have
kicked in.

That's the case with lots of laws. Unless there's a 14th Amendment issue
involved (regarding a "fundamental right"), or some specific federal
authorization, states can make more restrictive laws than the related
federal ones. Those issues have been involved, with the resolution still to
be determined, over immigration. Likewise, even after a constitutional
Amendment legalizing alcohol, states can regulate it, and can authorize
municipalities to outlaw its sale.

I didn't follow this dishwasher-detergent/phosphate law to the end of the
line, but it looks like the EPA wasn't involved in the bans. It appears that
it's all state law. I could be mistaken, but I didn't see any federal
administrative law involved in it.

--
Ed Huntress