US FSD Jurisdiction

[stopcrazypp]

Admittedly I missed that story however California never lost its right to regulate emissions and the current administration stopped fighting the case.

He makes a fair point that in this case California only got that right due to an explicit federal waiver, not because of state rights.

There was a recent case California won where the plaintiff claimed that the Low Carbon Fuel Standard violated the Commerce Clause.

Rocky Mountain Farmers Union v. Corey - Wikipedia

en.wikipedia.org

That case made great points that can probably apply here. Basically the plaintiffs had to prove that the law discriminated against interstate commerce in order to apply the Commerce Clause. A specious argument that it affects interstate commerce would not have been enough.

I can see the same issue with things like no turn on red. Given that local law applies to all vehicles in the state (not just out of state vehicles), there is no argument to be made that it would discriminate against interstate commerce.

 

[Daniel in SD]

He makes a fair point that in this case California only got that right due to an explicit federal waiver, not because of state rights.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
I would argue that the right to regulate emissions always existed. I suppose if federal law specified a maximum fuel economy then it could preempt California's regulations.

 

[Mardak]

I suppose if some self-driving car company really wants to push for interstate commerce, there's plenty of metropolitan areas that span two states with regular commuters:

• New York City (New York and New Jersey)
• St. Louis (Missouri and Illinois)
• Philadelphia (Pennsylvania and New Jersey)
• Kansas City (Missouri and Kansas)
• Cincinnati (Ohio and Kentucky)

Or get right in the face of Congress with a deployment for Washington D.C. (Maryland and Virginia)

Maybe even better with international commerce like Detroit for Canada or San Diego for Mexico. Or maybe even more likely for Tesla is Laredo in Texas to autonomously move things between Mexico and Austin.