Regulatory Preemption

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Committee: 
Regulatory Preemption in stage 8. Implementation

Project Stages:

1. Gather ideas - Completed
2. Select ideas - Completed
3. Council approval - Completed
4. Picking a researcher - Completed
5. Committee consideration - Completed
6. Back to the council - Completed
7. Consideration by the full conference - Completed
8. Implementation - Current
Stage:  
8. Implementation

Contacts

Committee Chair
Partner
Stinson Morrison Hecker LLP
Project Advisor
202.480.2086
ebremer@acus.gov
Consultant
Catherine M. Sharkey
New York University School of Law
Media
202.480.2091
mkindelan@acus.gov

At its Plenary Session on December 9-10, 2010, the Administrative Conference of the United States adopted Recommendation 2010-1, regarding agency procedures for determining whether to preempt state law. This recommendation is the result of the public, consensus-driven work of the Committee on Regulation of the Assembly of the Conference. The Conference previously posted drafts of the report and draft recommendation and invited public comment.

Final Recommendation

Presidents Reagan and Clinton both issued executive orders mandating executive branch agencies,1 and urging independent agencies,2 to take certain measures to ensure proper respect for principles of federalism. Executive Order 13132, “Federalism,” issued by President Clinton on August 4, 1999 (the “Order”),3 is still in effect today, and is an amended version of President Reagan’s Executive Order on...

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