The 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
Do you have negative results from your research you’d like to share?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.