preemption doctrine

The Year of Living Preemptively

Preemption is the question of whether a state’s legal rule is invalid because it conflicts with a federal statute. Environmentalists have been particularly concerned about this issue in recent years because state laws are often “greener” these days than federal ones. The Supreme Court has an unusual number of preemption cases on its docket this …

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A key legal standard in public lands law is being used by the Trump Administration to stop renewable energy, but in the long run the Administration’s position may advance environmentalists objectives.