A State D law prohibits the withdrawal of groundwater from a…
A State D law prohibits the withdrawal of groundwater from any well within State D for use in another state. The express purpose of the law is to safeguard the supply of water for State D citizens. Adoption of this State D law followed enactment of a federal statute providing that “the transport of groundwater from one state to another may be restricted or prohibited in accordance with the laws of the state in which the water originates.” An association of water users in neighboring State E has filed suit to have the State D law declared unconstitutional and enjoined on the ground that it violates the negative implications of the Commerce Clause.Which of the following is the best argument supporting a motion to dismiss the lawsuit?
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