Regulatory Preemption

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
8. Implementation


Committee Chair
Stinson Morrison Hecker LLP
Project Advisor
Crystal Eastman Professor of Law
New York University School of Law

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

  • 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 disfavor preemption, but to improve...

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