Review Question 2 - Preemption-Kane's
Exotic Animal Service
(40 points)
Is fed'l law valid-commerce power-regulation of transportation in
interstate and international commerce-an area where Congress has
plenary power(3)____
To extent fed’l law regulates a local activity (sale, handling, and
treatmt of animals), test-whether Congress could rationally conclude
activity has a signif effect on IC-economic activity-exotic animal
business is a significant interstate business-$10,000,000 per
year(5)____
Comprehensive regulatory scheme including transportation, sale,
handling, and treatment of animals like in Gonzalez v. Raich(3)____
Express preemption-there is no exp preemp under §2145 because the
statute specifically permits consistent state leg on the same
subject-is this ordinance a consistent regulation of same subject or
not?(5)____
If unclear whether New Albany ban is a consistent reg on same subject,
ct should interpret fed law not to preempt because safety and land use
are trad'l areas of state concern(3)____
Implied Preemption - conflict preemption-KK argues can't comply with
fed'l and state law at same time-by granting a fed'l license to KK's
business, fed law mandates that exotic animals be allowed to reside at
his business(3)____
Conflict preemption-New Albany argues can comply w/st & fed law by
moving his business out of New Albany because fed law doesn't require
that exotic animals be allowed at a particular location(3)____
Conflict preemption-KK argues state law interferes with achievement of
fed'l purpose by banning exotic animal businesses even if they satisfy
all the reqs of the fed'l law for humane treatment(4)____
Conflict preemption-New Albany argues that state law does not interfere
with achievement of fed'l purpose bec fed'l purpose is to make sure
animals are treated humanely not to require that particular communities
allow exotic animals(4)____
Is there occupation of the field-does §2145 preclude field
occupation?- if occupation of the field- what field?-only humane
treatment of exotic animals where they reside or when they’re shipped
which the state is not regulating-or all aspects of treatment of exotic
animals?(4)____
Miscellaneous___________________________________________________________(3)____