[throwaway5752]

How do you reconcile it with the 10th amendment. Due to local effects of emissions it should be within state purview. The case (because this will reach the scotus) will be based the commerce clause, and that is nonsense because it is a critical health issue in smog prone areas.

You can argue abstract about trends in commerce clause based decisions in the 20th century between wickburn and lopez, but my point is you can throw that out the window: there is a plausible argument that allows a conservative decision. Therefore, regardless of precedent, the decision will be made along partisan lines. If a Democratic president is elected in 2020, precedent will be summarily reversed. The conservative movement is completely comfortable with power and exercising it maximally.