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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

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?

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