Jeff Merkley: “Each of these standards has a constitutional foundation. The first reflects the restraints of the dormant commerce…”

“Each of these standards has a constitutional foundation. The first reflects the restraints of the dormant commerce clause. The second reflects the Constitution's supremacy clause. The third corresponds to the scientific factual predicate required to meet scrutiny under the due process clause, as not ``arbitrary and capricious.'' Restoring the ability for States to protect their citizens while EPA assesses the safety of chemicals was one of the primary goals of our work to improve this bill and that has been accomplished under section 18(f)(2) of S. 697, as reported by the Environment and Public Works Committee. We believe this does, within the limits imposed by the Constitution. ____________________”