Agency Procedures for Considering Preemption of State Law

Recommendation 2010-1 – Agency Procedures for Considering Preemption of State Law addresses agency procedures for determining whether to preempt state law. The recommendation presents best practices by federal agencies in implementing the requirements of Executive Order 13132 and the President’s May 2009 memorandum governing agency preemption of state law, including procedures for securing meaningful participation by state and local government officials in the process of considering questions of federal preemption. It 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.

Citation: Admin. Conf. of the U.S., Recommendation 2010-1, Agency Procedures for Considering Preemption of State Law76 Fed. Reg. 81 (Jan. 3, 2011).

Contacts:

Implementation Contact

Committee:

Final Recommendation:

Agency Procedures for Considering Preemption of State Law

Recommendation number
2010-1
Adoption Date

Project Documents

Name Committee Type Date File
Agency Procedures for Considering Preemption of State Law Committee on Regulation Recommendation Download Agency Procedures for Considering Preemption of State Law
Regulatory Preemption proposed recommendation Committee on Regulation Recommendation Download Regulatory Preemption proposed recommendation
Federal Agency Preemption of State Law Draft Report Report Download Federal Agency Preemption of State Law Draft Report
Executive Summary of the Preemption Report Committee on Regulation Report Download Executive Summary of the Preemption Report
Preemption Report Committee on Regulation Report Download Preemption Report
Federal Agency Preemption of State Law Draft Report v.3 Report Download Federal Agency Preemption of State Law Draft Report v.3
Federal Agency Preemption of State Law Summary Report Report Download Federal Agency Preemption of State Law Summary Report
Federal Agency Preemption of State Law Draft Report v.2 Report Download Federal Agency Preemption of State Law Draft Report v.2
Federal Agency Preemption of State Law Report Redline Report Download Federal Agency Preemption of State Law Report Redline
Federal Agency Preemption of State Law Report Redline v.2 Report Download Federal Agency Preemption of State Law Report Redline v.2
Approved Minutes from the October 19, 2010 meeting Committee on Regulation Meeting Minutes Download Approved Minutes from the October 19, 2010 meeting
Dillard Preemption Comment Comment Download Dillard Preemption Comment
NCSL Preemption Comment Comment Download NCSL Preemption Comment
William Cumming Public Comment Committee on Regulation Comment Download William Cumming Public Comment
State Contact List Committee on Regulation Fact Sheet Download State Contact List

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