Abstract
This Note addresses a growing tension in environmental law between state and local authorities, focusing on the doctrine of field preemption as applied to New York environmental law. Using the Glen Oaks litigation as a case study, this Note argues that field preemption—where laws from a higher government authority implicitly nullify lower-level ones—threatens the effectiveness of environmental governance at the state and local levels. To mitigate future field preemption conflicts, this Note proposes a two-pronged solution: (1) New York courts should adopt a clearer and more structured framework for evaluating field preemption claims, specifically in the environmental context; and (2) New York state and local legislators should collaborate over their shared climate goals, rather than undercutting them through avoidable jurisdictional disputes.
Recommended Citation
Dylan Misisco,
The Grass is Always Grayer: Analyzing Field Preemption Challenges in New York Environmental Law,
91 Brook. L. Rev.
331
(2025).
Available at:
https://brooklynworks.brooklaw.edu/blr/vol91/iss1/8