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Question
Under the Clean Air Act, a regulated business can sell its pollution allowances to anyone. Delaware enacts the Equal Sale Act, under which profits received by a Delaware business on a sale of its allowances to a polluter in another state are forfeited to Delaware. Under the decision in Case 45.1,Clean Air Markets Group v. Pataki, a court is most likely to hold thata. the Clean Air Act and the Equal Sale Act are mutually compatible.
b. the Clean Air Act and the Equal Sale Act are mutually exclusive.
c. the Clean Air Act preempts the Equal Sale Act.
d. the Equal Sale Act preempts the Clean Air Act.
Answer
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