Preemption (Recommendations)

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  • Recommendation number: 2010-1
  • Adopted on: December 9, 2010
  • Committees: Regulation
  • Tags: Preemption

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...