Cite as: 505 U. S. 88 (1992)
Opinion of the Court
Association's Commerce Clause challenge for lack of ripeness. Id., at 61-62.
On appeal, the United States Court of Appeals for the Seventh Circuit affirmed in part and reversed in part. National Solid Wastes Management Assn. v. Killian, 918 F. 2d 671 (1990). The Court of Appeals held that the OSH Act pre-empts all state law that "constitutes, in a direct, clear and substantial way, regulation of worker health and safety," unless the Secretary has explicitly approved the state law. Id., at 679. Because many of the regulations mandated by the Illinois licensing acts had not yet reached their final form, the Court of Appeals remanded the case to the District Court without considering which, if any, of the Illinois provisions would be pre-empted. Id., at 684. The court made clear, however, its view that Illinois "cannot regulate worker health and safety under the guise of environmental regulation," and it rejected the District Court's conclusion that the State's 4,000-hour experience requirement could survive preemption simply because the rule might also enhance public health and safety. Ibid. Writing separately, Judge Easter-brook expressed doubt that the OSH Act pre-empts nonconflicting state laws. Id., at 685-688. He concluded, however, that if the OSH Act does pre-empt state law, the majority had employed an appropriate test for determining whether the Illinois licensing acts were superseded. Id., at 688.
We granted certiorari, 502 U. S. 1012 (1991), to resolve a conflict between the decision below and decisions in which other Courts of Appeals have found the OSH Act to have a much narrower pre-emptive effect on "dual impact" state regulations. See Associated Industries of Massachusetts v. Snow, 898 F. 2d 274, 279 (CA1 1990); Environmental Encapsulating Corp. v. New York City, 855 F. 2d 48, 57 (CA2 1988); Manufacturers Assn. of Tri-County v. Knepper, 801 F. 2d 130, 138 (CA3 1986), cert. denied, 484 U. S. 815 (1987); New
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