Multistate Bar Examination Practice Question

The state of Atlantia enacts the "Atlantia Clean Air Act," which imposes stricter air quality standards for industrial emissions than those mandated by federal law. A manufacturing company operating in Atlantia argues that complying with both Atlantia's and federal regulations imposes an undue burden. The company seeks a court declaration that the Atlantia Clean Air Act is preempted by federal law under the Supremacy Clause. Should the court find that the Atlantia Clean Air Act is preempted by federal law?

  • No, because the Supremacy Clause does not apply to environmental regulations.

  • Yes, because when state and federal laws conflict, federal law takes priority under the Supremacy Clause.

  • No, because states are permitted to establish more rigorous environmental standards than those set by the federal government.

  • Yes, because the state cannot impose regulations that differ from federal policies on air quality.

Multistate Bar Examination
Constitutional Law
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