‘Situations like this call for some uniform national rule that only Congress can provide. But Congressional decision could allow California, like Tobago, to bind the world. After all, only Congress can stop the proliferation of otherwise inconsistent state schemes to control carbon emissions. Once the dangers of unilateral action to the national economy are large, it no longer makes sense to analyze California’s regulation under a per se rule or a balancing rule, when it has elements of both.’
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