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16. In this suit, the court will probably rule in favor of
A recently established state firm uses a testing method that the EPA has stated is reasonably accurate. The firm is also included by the EPA on a list of testers using methods of testing it believes to be reasonably accurate. The firm applies for a state radon testing license, but its application is denied because the firm cannot demonstrate that the method of testing for radon it uses is sufficiently accurate to meet the rigorous state statutory standards. The firm sues appropriate state officials in federal court claiming that the state may not constitutionally exclude the firm from performing the required radon tests in the state.
The United States Environmental Protection Agency (EPA) does not license radon testers. However, a federal statute authorizes the EPA to advise on the accuracy of various methods of radon testing and to provide to the general public a list of testers that use methods it believes to be reasonably accurate.
Radon is a harmful gas found in the soil of certain regions of the United States. A state statute requires occupants of residences with basements susceptible to the intrusion of radon to have their residences tested for the presence of radon and to take specified remedial steps if the test indicates the presence of radon above specified levels. The statute also provides that the testing for radon may be done only by testers licensed by a state agency. According to the statute, a firm may be licensed to test for radon only if it meets specified rigorous standards relating to the accuracy of its testing. These standards may easily be achieved with current technology; but the technology required to meet them is 50% more expensive than the technology required to measure radon accumulations in a slightly less accurate manner.
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A is incorrect. The Full Faith and Credit Clause does not require a state to accept an action by the federal government that would not comport with its laws as long as those laws are not superseded by the Supremacy Clause or otherwise constitutionally invalid.
B is incorrect. The federal statute does not conflict with the state statute. It provides less regulation of the area, rather than more.
D is incorrect. The testers provide a service that is part of the stream of commerce. Additionally, the effects of radon, the process of testing for it, and remedying its effects all have commercial components. Thus, regulating radon levels is within Congress's commerce power.