Download This PaperThe History of State Action in the Environmental Realm: A Presumption against Pre-Emption in Climate Change Law?
1 San Diego Journal of Climate & Energy Law 63 (2009)
18 Pages Posted: 9 Oct 2012
Date Written: December 8, 2009
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
JEL Classification: K32, Q20, Q40
Suggested Citation: Suggested Citation
Flatt, Victor Byers, The History of State Action in the Environmental Realm: A Presumption against Pre-Emption in Climate Change Law? (December 8, 2009). 1 San Diego Journal of Climate & Energy Law 63 (2009), UNC Legal Studies Research Paper No. 2158965, Available at SSRN: https://ssrn.com/abstract=2158965
Victor Byers Flatt (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
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