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Franchise Tax Board of California v. Hyatt
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Search complete. 20 mentions across 4 episodes found for "Franchise Tax Board of California v. Hyatt".
Oct 5, 2026
[25-170] Suncor Energy (U.S.A.) Inc. v. Commissioners of Boulder County
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28:15Kannon ShanmugamGUEST
We've talked about this Court's cases on interstate pollution, but let me provide, I think, a very concrete grounding for each of the constitutional principles we've been discussing.
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28:26Kannon ShanmugamGUEST
The equal sovereignty principle, I would point to Justice Thomas' opinion for the Court in Franchise Tax Board v. Hyatt, which I think established three very important premises for the argument.
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28:37Kannon ShanmugamGUEST
There, the Court stated that that the equal sovereignty of each state implied certain limitations on the sovereignty of other states.
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28:48Kannon ShanmugamGUEST
Second, that there were certain areas involving conflicting rights where states could not supply the applicable rule of decision.
1 HR 16 MINS LATER
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104:38Kannon ShanmugamGUEST
Second, the shortest line to an appropriately cabined and narrowed decision here is to rely on the equal sovereignty principle.
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104:47Kannon ShanmugamGUEST
In particular, the Court can rely on this Court's case law from Missouri v. Illinois right through to AEP in this particular context.
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104:56Kannon ShanmugamGUEST
We do believe that the conceptual framework for that is set out in Franchise Tax Board v. Hyatt, in which the Court said that there are certain areas involving conflicting rights where states cannot apply the applicable rule of decision.
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105:10Kannon ShanmugamGUEST
And the Court can certainly say, for the reasons given by my friend Ms. Harris, that that reasoning is reinforced by the extraterritoriality principle because there is simply no precedent for extending any state's authority as far as Boulder is suggesting.
Suncor Energy (U.S.A.) Inc. v. Commissioners of Boulder County
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28:14Kannon K. ShanmugamGUEST
Um, we've talked about this court's cases on interstate pollution, but let me provide, I think, a very concrete grounding for each of the constitutional principles we've been discussing.
K
28:26Kannon K. ShanmugamGUEST
The equal sovereignty principle, I would point to Justice Thomas's opinion for the court in Franchise Tax Board versus Hyatt, which I think established three very important premises for the argument.
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28:37Kannon K. ShanmugamGUEST
There, the court stated that the equal sovereignty of each state, uh, imposed, i- implied certain limitations on the sovereignty of other states.
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28:48Kannon K. ShanmugamGUEST
Second, that there were certain areas involving conflicting rights where states could not supply the applicable rule of decision.
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28:59Elena KaganUNKNOWN
Champion, um, my clock is ticking, so I wanna know the answer to my question.
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29:05Elena KaganUNKNOWN
My question is, what's the support for what, for the no state, for the, the, the default rule about air and water regulation?
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29:15Kannon K. ShanmugamGUEST
So I think that, uh, Hyatt establishes the premise for this mode of constitutional interpretation, and the cases that applied federal common law before the enactment of the Clean Air Act apply that principle in the context of interstate pollution.
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29:34Kannon K. ShanmugamGUEST
And if I could point you to any cases from this court, the two I would select are Missouri versus Illinois and Georgia versus Tennessee Copper, two decisions written by Justice Holmes within two years of each other that talk about the fact that states no longer have the right to abate forcible nuisances.
U.S. Supreme Court Suncor Energy (U.S.A) Inc. v. Commissioners of Boulder County, Case No. 25-170
K
28:15Kannon ShanmugamGUEST
We've talked about this Court's cases on interstate pollution, but let me provide, I think, a very concrete grounding for each of the constitutional principles we've been discussing.
K
28:26Kannon ShanmugamGUEST
The equal sovereignty principle, I would point to Justice Thomas' opinion for the Court in Franchise Tax Board v. Hyatt, which I think established three very important premises for the argument.
K
28:37Kannon ShanmugamGUEST
There, the Court stated that that the equal sovereignty of each state implied certain limitations on the sovereignty of other states.
K
28:48Kannon ShanmugamGUEST
Second, that there were certain areas involving conflicting rights where states could not supply the applicable rule of decision.
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29:02Elena KaganPANELIST
So I want to know the answer to my question.
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29:05Elena KaganPANELIST
My question is, what's the support for the interstate? no state for the default rule about air and water regulation.
K
29:15Kannon ShanmugamGUEST
So I think that Hyatt establishes the premise for this mode of constitutional interpretation, and the cases that applied federal common law before the enactment of the Clean Air Act apply that principle in the context of interstate pollution.
K
29:34Kannon ShanmugamGUEST
And if I could point you to any cases from this Court, the two I would select are Missouri v. Illinois and Georgia v. Tennessee Copper, two decisions written by Justice Holmes within two years of each other that talk about the fact that states no longer have the right to abate forcible nuisances.
Suncor Energy (U.S.A.) Inc. v. Commissioners of Boulder County
K
29:35Kannon ShanmugamUNKNOWN
Um, we've talked about this court's cases on interstate pollution, but let me provide, I think, a very concrete grounding for each of the constitutional principles we've been discussing.
K
29:47Kannon ShanmugamUNKNOWN
The equal sovereignty principle, I would point to Justice Thomas's opinion for the court in Franchise Tax Board versus Hyatt, which I think established three very important premises for the argument.
K
29:59Kannon ShanmugamUNKNOWN
There, the court stated that the equal sovereignty of each state i- imposed, implied certain limitations on the sovereignty of other states.
K
30:10Kannon ShanmugamUNKNOWN
Second, that there were certain areas involving conflicting rights where states could not supply the applicable rule of decision.
E
30:20Elena KaganUNKNOWN
compacts.The answer to my question.
E
30:26Elena KaganUNKNOWN
My question is, what's the support for what, for the no state, for the, the, the default rule about air and water regulation?
K
30:37Kannon ShanmugamUNKNOWN
So I think that, uh, Hyatt establishes the premise for this mode of constitutional interpretation, and the cases that applied federal common law before the enactment of the Clean Air Act apply that principle in the context of interstate pollution.
K
30:55Kannon ShanmugamUNKNOWN
And if I could point you to any cases from this court, the two I would select are Missouri versus Illinois and Georgia versus Tennessee Copper, two decisions written by Justice Holmes within two years of each other, that talk about the fact that states no longer have the right to abate forcible nuisances.