The History of State Action in the Environmental Realm: A Presumption Against Preemption in Climate Change Law?
Abstract
In determining whether a federal climate change law should pre-empt state laws in the area, it is helpful to examine the reasons for pre-emption in the environmental context. This examination of when pre-emption is warranted would indicate that in most instances, federal climate change mitigation laws should not pre-empt state laws.
Keywords
climate change, environment, preemption, federalism
Publication Date
2010
Document Type
Article
Publication Information
1 San Diego Journal of Climate & Energy Law 63 (2010)
Repository Citation
Flatt, Victor B., "The History of State Action in the Environmental Realm: A Presumption Against Preemption in Climate Change Law?" (2010). Faculty Publications. 2267.
https://scholarlycommons.law.case.edu/faculty_publications/2267
