Multistate Bar Examination Practice Question

A federal corporation challenges a state environmental regulation, arguing that it conflicts with federal environmental laws. The state defends the regulation by asserting that it is based on a state policy that is both adequate and independent of federal law. Under the "adequate and independent state ground" doctrine, how should a federal court proceed?

  • Dismiss the challenge, deferring to the state’s adequate and independent grounds.

  • Refer the case to a higher federal court for further review.

  • Require the state to amend its policy to align with federal law before considering the challenge.

  • Proceed with the challenge, asserting that federal law overrides state policies.

Multistate Bar Examination
Constitutional Law
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