Multistate Bar Examination Practice Question

The federal government enacts a regulation that sets a maximum allowable level of a specific pollutant in water sources. Subsequently, a state passes a law requiring a lower maximum level for the same pollutant within its borders. Affected companies argue that the state law conflicts with federal regulation and should be preempted under the Supremacy Clause. What is the most likely outcome?

  • The state law is valid because states are allowed to implement stricter environmental standards than those established by federal law.

  • The state law is preempted and invalid because it conflicts with federal regulation.

  • The state must align its standards with federal regulations or face federal enforcement actions.

  • Both state and federal laws are invalid due to inconsistency in regulation.

Multistate Bar Examination
Constitutional Law
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