state energy regulations

An Encouraging Signal About Federal Preemption

An Encouraging Signal About Federal Preemption

A new Supreme Court ruling should help states defend their climate laws.

The Trump Administration and its allies are attacking state climate laws with challenges based on preemption, arguing that federal law trumps state powers. A new Supreme Court ruling signals that the Court respects state prerogatives and isn’t willing to find preemption without a clear basis in a federal statute.  Although the facts of the case are remote from environmental law, the Court’s attitude toward preemption has broader relevance.

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