35. Which of the following is the best argument the state can make for the continued validity of its law?

A new federal statute requires all power equipment, including lawn mowers, to be labeled with energy efficiency stickers to permit purchasers to make informed choices when buying such equipment. The statute does not expressly preempt state law. Assume that no other federal statute or administrative regulation addresses the energy efficiency of power equipment.

A state law requires any lawn mower sold in the state to meet a specified minimum level of fuel efficiency.

Congress cannot preempt state laws requiring a specified minimum level of fuel efficiency for lawn mowers, because the use of such equipment is a wholly local event and, therefore, is beyond the regulatory authority vested in Congress by the commerce clause
The law is unaffected by the federal statute, because Congress did not expressly prohibit state laws requiring power equipment to meet specified levels of fuel efficiency
The purpose of the law is consistent with the purpose of the federal statute, enforcement of the law would not interfere with the full execution of the statute, and there is no evidence that Congress intended to preclude the states from enacting supplemental laws on this subject
There is a very strong presumption that a specific state law on a subject normally within the state’s police power prevails over a more general federal statute, because the Tenth Amendment reserves to the states primary authority over matters affecting public health, welfare, and safety

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35. Which of the following is the best argument the state can make for the continued validity of its law?

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