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).

Contacts:

Implementation Contact

Committee:

Final Recommendation:

Agency Procedures for Considering Preemption of State Law

Recommendation number
2010-1
Adoption Date
Committees

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”),

Project Documents

Name Committee Type Date File
Federal Agency Preemption of State Law Draft Report v.3 Report Download Federal Agency Preemption of State Law Draft Report v.3
Federal Agency Preemption of State Law Draft Report v.2 Report Download Federal Agency Preemption of State Law Draft Report v.2
Federal Agency Preemption of State Law Report Redline v.2 Report Download Federal Agency Preemption of State Law Report Redline v.2
Federal Agency Preemption of State Law Report Redline Report Download Federal Agency Preemption of State Law Report Redline
Dillard Preemption Comment Comment Download Dillard Preemption Comment
NCSL Preemption Comment Comment Download NCSL Preemption Comment
Federal Agency Preemption of State Law Draft Report Report Download Federal Agency Preemption of State Law Draft Report
Federal Agency Preemption of State Law Summary Report Report Download Federal Agency Preemption of State Law Summary Report
Approved Minutes from the October 19, 2010 meeting Regulation Meeting Minutes Download Approved Minutes from the October 19, 2010 meeting
William Cumming Public Comment Regulation Comment Download William Cumming Public Comment
Regulatory Preemption proposed recommendation Regulation Recommendation Download Regulatory Preemption proposed recommendation
Executive Summary of the Preemption Report Regulation Report Download Executive Summary of the Preemption Report
Preemption Report Regulation Report Download Preemption Report
State Contact List Regulation Fact Sheet Download State Contact List
Agency Procedures for Considering Preemption of State Law Regulation Recommendation Download Agency Procedures for Considering Preemption of State Law
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