Note:
Sabre Anthony Safi, Constitutional Law—Commerce Clause—The Federal Government May Require a State to Adopt and Enforce Penal Regulations Relating to State Activity that Affects Interstate Commerce. Pennsylvania v. Environmental Protection Agency (3d Cir. 1974), 53 TEXAS L. REV. 380 (1975).
 

Abstract:
In holding that the federal government may require a state to adopt and enforce regulations relating to state activity that affects interstate commerce, the Third Circuit sanctioned federal use of the commerce power to require states to enforce regulations against third parties. In this note, the author suggests that the court’s uncritical reliance upon the Supreme Court’s decision in U.S. v. California produced that wrong result. Rather, the more expansive use of the Commerce Clause to support federal action against the states since California should motivate a reexamination of the holding. Specifically, the author argues that limitations on the federal government’s commerce power can be derived by analogy to limitations on the federal taxing power. Without this reevaluation and imposition of limitations, the author believes that cases such as Pennsylvania will allow the federal government to rewrite state policy and law, and compel state enforcement of laws against third persons.