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

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. It recommends that agencies formulate appropriate internal procedures to ensure consultation with representatives of State interests and to ensure that agencies evaluate the authority and basis asserted in support of a preemptive rulemaking. It seeks to increase transparency regarding internal agency policies and recommends ways to improve external mechanisms for enforcing the applicable Federal requirements.

Final Recommendation

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

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...

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