U.S.Supreme Court Justice Louis Brandeis famously called the states "laboratories of democracy." In those laboratories, Iowans shape Iowa’s laws, Missourians make Missouri’s laws, and New Yorkers establish New York’s laws.
That is a core tenet of federalism — a structural part of our nation’s Constitution that allows for great variation and competition between the states.What a state can’t do, however, is lay claim to the entire country as its laboratory.That’s exactly what New York is trying to do.
Its new greenhouse gas reporting rule requires "fuel suppliers" throughout the nation to register with New York and report information related to greenhouse gas emissions.But the rule doesn’t just concern companies doing business in the Empire State.
New York has made clear that its new regulation applies to any ethanol and biodiesel producers whose product may, after being blended or sold by others, eventually end up in New York.In short, New York expects out-of-state producers and distributors to comply with its civil and criminal rules, even if the connection to the state is extremely remote or hypothetical.This includes producers and distributors in our states — Iowa and Missouri.
Together, we represent the nation’s leading producers of ethanol and biodiesel.Our states’ energy economies support millions of farmers, workers, families, and communities.
New York’s rule would impose significant compliance costs, reporting obligations, inspections, civil penalties, and even criminal liabilities on businesses operating far from the Empire State.CALIFORNIA SUES TRUMP EPA OVER MOVE TO SUBJECT STATE VEHICLE EMISSIONS WAIVERS TO CONGRESSIONAL REVIEWThe issue is not whether New York can create environmental rules for itself: of course it may.Rather, it is whether one state can force citizens, farmers, manufacturers, and businesses in other states to abide by its regulatory program.Our states have made different policy choices for greenhouse gas reg...