Preemption (Documents)

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Recommendation 2010-1, “Agency Procedures for Considering Preemption of State Law,” addresses issues relating to agency procedures for complying with Federal requirements regarding consultation with State and local governments and for considering State interests in rulemakings that may result in the preemption of State law. The goal of the recommendation is not to favor or...

States have the power to regulate many forms of conduct. Each state must have broad power to regulate in ways that it believes to be in the best interests of its citizens, subject to the limitations stated in the federal and state constitutions. The nature and magnitude of the problems that require regulatory action vary substantially among the...

Under paragraph 5(a) of Recommendation 2010-1, the Administrative Conference staff has prepared a State Contact List.

Agencies are encouraged to use this list to contact representatives of state interests, including but not limited to the Big Seven, when they are considering potentially preemptive rules.  This list will be regularly updated. 

A subsequent version of Professor Sharkey’s report, entitled Inside Agency Preemption, was published in the Michigan Law Review at 110 Mich. L. Rev. 521 (2012): http://...