Flashcards in Preemption Deck (7)
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1
When Do you Run Preemption Analysis?
When Congress has acted and it was w/in there powers.
2
Where does Preemption come from?
-derived from Art. 6 Supremacy Clause
-Const. and laws made in pursuance to it are supreme laws of the land.
-Congress always has authority to make fed. law exclusive
3
What are the types of Preemption?
Express- federal law expressly preempts state/local law
Implied- implied by a clear congressional intent to preempt
-Obstacle: Even if not mutually exclusive. Does state law impede the achievement of a federal objective? You must identify federal objective and figure out if state law is an obstacle.
-Conflict- compliance w/ federal law and state law is impossible. Mutually exclusive.
-Field- Is scheme of federal law/reg is so pervasive that by its nature is exclusive and did Congress left no room for states to supplement?
4
What happened in Lorillard Tobacco v. Reilly?
Express
State tobacco reg. too strict and not congruent w/ fed. tobacco reg.
Court says:Congress already dealt w/ state's concerns and prohibited state leg. in area.
5
What happened in Fl. Lime & Avocado?
Implied Conflict
- Fed. Gov. says nothing about oil but you have to leave them on for certain amount of time
- Cali says only 8% oil avocados.
- Dual compliance not impossible. Fl can just leave them on longer
6
What happened in Pacific Gas?
Obstacle
- Fed gov intended to regulate safety concerns for nuclear waste and Cali enacted regulation to make waste more efficient and ensure less build up.
- Congress’s intent was to ensure safety and the Cali law was for purely economic reasons. Does not constitute an obstacle for the Federal reg. purpose. NO PREEMPTION
7
