As a low-lying state, Delaware is gravely concerned about the threat posed by climate change. State lawmakers would like to enact a new law to regulate greenhouse gas emissions. However, the Clean Air Act permits the US Environmental Protection Agency the authority to regulate air pollution.

• Can the state enact the greenhouse gas law without running into federal preemption?
• How should the state analyze this?

Answer rating: 100% (QA)

When a state wants to enact a law in an area where federal regulations exist they must consider whether the state law would be preempted by federal la... View the full answer