Frederick v. Air Pollution Control District of Jefferson County

I concur with the result achieved by the majority opinion, but I believe that the system used for the control of air pollution in Jefferson County is riddled with serious and improper exemptions. However, I do not believe the nature of the exemptions render the entire act unconstitutional.

Under Regulation 8(8)(e), motor vehicles requiring repair in excess of the dollar limits set out in the regulation are exempt from enforcement. Consequently the owners of the motor vehicles that emit the greatest amount of pollutants may continue to operate their vehicles without any sanction.

The New Mexico…