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Federal Preemption

Using a challenge to a local green building code, based on a claimed conflict with federal energy efficiency laws, this module provides a basis for teaching about preemption generally, as well as more specifically about building codes, climate change regulation, and the appropriate level of government to address different societal problems. These materials were prepared by Cary Coglianese, Edward B. Shils Professor of Law at the University of Pennsylvania Law School, and Shana Starobin, Assistant Professor of Environmental Studies and Government, Bowdoin College.

Applicable Courses: Property, Real Estate, Climate Law and Policy, Environmental Law, Local Government, Planning, Constitutional Law


Selected Cases on Federal Preemption

  • Cal. Rest. Ass’n v. Berkeley, 65 F.4th 1045, 1045-1067 (9th Cir. 2023)
  • Merck Sharp & Dohme Corp. v. Albrecht, 139 S. Ct. 1668 (2019)
  • Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018)
  • Arizona v. United States, 567 U.S. 387 (2012)
  • Wyeth v. Levine, 555 U.S. 555 (2009)
  • Cuomo v. Clearing House Ass’n, 557 U.S. 519 (2009)
  • Altria Group, Inc. v. Good, 555 U.S. 70 (2008)
  • Geier v. American Honda Motor Co., 529 U.S. 861 (2000)
  • U.S. v. Locke, 529 U.S. 89 (2000)
  • Gade v. National Solid Wastes Management Ass’n, 505 U.S. 88 (1992)
  • English v. General Electric Co., 496 U.S. 72 (1990)
  • Rice v. Santa Fe Elevator Corp., 331 U.S. 218 (1947)

Selected Books, Articles, and Reports

Essays in The Regulatory Review on State and Local Climate Law

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