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)____