Climate, Preemption, and the Executive Branches

The federal government has grown very aggressive in asserting preemption of state laws. In the context of climate, this issue is playing out in the realm of mobile sources and could come to the fore in the regulation of stationary sources. In this Essay, I argue that the principles underlying Chevron—political accountability and technical expertise—counsel respectful attention to the role of state executive agencies in issuing rules alleged to be preempted by federal law.