Have the Feds told him he cannot do as he pleases?
I know they filed an amicus brief on the matter, but honestly, the fed has no constitutional authority to mandate these things. It's not in there.
I can no longer find the article on FR, it will require a trip to Salon.com if you want to read it.
"It's a battle that seemingly pits a libertarian, laissez-faire philosophy against the liberal belief in government intervention -- except for the awkward fact that the Bush administration's own intervention against California's environmental regulations is a classic case of the sort of Big Government meddling conservatives usually deplore. Whatever happened to that Republican Party standby, states' rights?"