Amy Coney Barrett: “Absent the Clean Air Act, that is a question of federal common law.”

“Just to follow up on what Justice Gorsuch said, that is a separate question. I agree, you're right. But you don't go back to the yes. I just want to make sure I have the yes, that Absent the Clean Air Act, that is a question of federal common law. Whether a federal court would fashion a cause of action under it is a different question, but it is still one of federal common law. That would be correct.” (00:07–00:14)

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