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).


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Final Recommendation

  • Recommendation number: 2010-1
  • Adopted on: December 9, 2010
  • Committees: Regulation

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 Federalism, Executive...