Question

Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton's documents, notes that Carlton's truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?

Answer 1

Carlton could challenge his citation based on federal preemption, where federal standard might override Nevada's stricter standard, or the Commerce Clause, which may prevent states from hindering interstate commerce. He might also question the technical accuracy of the emission measurements.

Step-by-step explanation:

Carlton, who has been issued a citation for his 18-wheeler truck emitting 3.4 nitrous oxide (NOx) in Nevada where the Clean Fuel Fleet Exhaust Emission Standard is no more than 2.8 NOx, may fight the citation on a few grounds. One ground could be based on the principle of federal preemption, where the federal standard of no more than 3.8 NOx is less stringent than Nevada's.

If the federal regulation is found to be intended as a uniform national standard, Carlton could argue that the state law is preempted by federal law. Another potential ground for contesting the citation is based on the Commerce Clause of the U.S. Constitution, which could be interpreted as prohibiting states from passing legislation that places an undue burden on interstate commerce.

The enforcement of Nevada's statute might also be challenged if it does not provide for special circumstances or exceptions for vehicles in transit that meet federal standards but not the state's. Carlton might also dispute the accuracy or calibration of the measuring equipment used at the weigh station, though this would be a technical defense rather than a legal one.