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May 21, 2009

The End of Preemption Preambles?

Yesterday, President Obama issued a memorandum calling for a rollback of Bush Administration regulations that included claims, often in the form of a preamble to a set of agency regulations, that the federal agency's regulations preempted state law.  Obama's memo says that federal agencies and departments should claim that state law is preempted only when there is a well-defined legal basis for such a claim.  The memo also orders federal agencies to review regulations from the past 10 years to see if a preemption claim has been asserted improperly.  See Alicia Mundy and Brett Kendall's story in the Wall Street Journal.

JDP

May 21, 2009 | Permalink

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