Who will prevail in given case the village or the students

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Reference no: EM131379577

Gaskin, Ohio is the home of Ransom College. Each August the population of the small village triples as the students return. When this happens, the traffic in the middle of town becomes congested and the exhaust from the cars chokes the entire "downtown" area. This year the Village Council of Gaskin passed an ordinance that required the installation of emission co n trol devices in all vehicles as a new licensing requirement.

A dozen students brought suit in the U.S. District Court in Columbus, asking the court to declare the new ordinance invalid and to prevent its enforcement.

The students con tended that the Clean Air Act, which did not make such demands, preempted the Village ordinance. Under what circumstances will a federal law like the Clean Air Act preempt state and local law? Explain.

Who will prevail in this case, the village or the students? Explain.

Reference no: EM131379577

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