Observation:
Thomas K. Anson and P.M. Schenkkan, Federalism, the Dormant Commerce Clause, and State-Owned Resources, 59 Texas L. Rev. 71 (1980).
 

Abstract:
In this Observation, the authors analyze whether embargoes and preferences, established by state governments to protect state-owned resources, are valid restraints on interstate commerce under the Supreme Court’s “dormant commerce clause” review. The authors review the traditional tests for state regulation of resources and examine the dormant commerce clause doctrine. The Observation concludes that in the absence of Congressional action, embargoes and preferences are valid when applied to resources actually owned by the state, but “downstream” regulation of those resources is analyzed by traditional tests.