Preemption
Key claim: This Presidential Memorandum of May 20, 2009, issued by President Obama, sets Administration policy that executive agencies may preempt State law (including common law) only after full consideration of State prerogatives and with a sufficient legal basis under principles including Executive Order 13132. It directs agencies not to place preemption statements in regulatory preambles unless the same language appears in the codified regulation, and it requires a 10-year look-back review of existing preemption language. The memorandum was published in the Federal Register at 74 FR 24693.
Abstract
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Why this matters
This Presidential Memorandum of May 20, 2009, issued by President Obama, sets Administration policy that executive agencies may preempt State law (including common law) only after full consideration of State prerogatives and with a sufficient legal basis under principles including Executive Order 13132. It directs agencies not to place preemption statements in regulatory preambles unless the same language appears in the codified regulation, and it requires a 10-year look-back review of existing preemption language. The memorandum was published in the Federal Register at 74 FR 24693.
Source
Cross-references (1)
| Relation | Item | Note |
|---|---|---|
| scorecard | Preemption — stated intents & trail | Sets direction — not an action. |