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Perchloroethylene (perc) is a chemical commonly used for dry cleaning. Scientific studies have shown that this chemical is highly toxic to people, potentially causing cancer
- Perchloroethylene ("perc") is a chemical commonly used for dry cleaning. Scientific studies have shown that this chemical is highly toxic to people, potentially causing cancer and other serious illness, and it is poisonous in the environment. Perc has been found in ground water sources and has been found to be affecting the drinking water of many people, even those who do not live near dry cleaning businesses. It is not difficult to clean perc from waterways, but it is expensive. Given these facts, imagine if Congress were to enact a law that provides money to states to clean their waterways of perc, if the state prohibits dry cleaning businesses from using this chemical. If states do not prohibit businesses from using perc, they will receive 80% of the available federal funding instead of 100%. Alternative chemicals or methods for dry cleaning are expensive, so dry cleaning businesses have challenged this law in federal court, arguing that it is unconstitutional. How would the Court analyze such a case? Who is likely to win?
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The Court would likely analyze this case under the Commerce Clause of the US Constitution which gran...Get Instant Access to Expert-Tailored Solutions
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