Preemption (Documents)

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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...

States have the power to regulate many forms of conduct. Each state must have broad power to regulate in ways that it believes to be in the best interests of its citizens, subject to the limitations stated in the federal and state constitutions. The nature and magnitude of the problems that require regulatory action vary substantially among the...

Under paragraph 5(a) of Recommendation 2010-1, the Administrative Conference staff has prepared a State Contact List.

Agencies are encouraged to use this list to contact representatives of state interests, including but not limited to the Big Seven, when they are considering potentially preemptive rules.  This list will be regularly updated. 

A subsequent version of Professor Sharkey’s report, entitled Inside Agency Preemption, was published in the Michigan Law Review at 110 Mich. L. Rev. 521 (2012): http://...