Flashcards in Preemption Deck (7)
When Do you Run Preemption Analysis?
When Congress has acted and it was w/in there powers.
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
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?
What happened in Lorillard Tobacco v. Reilly?
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.
What happened in Fl. Lime & Avocado?
- 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
What happened in Pacific Gas?
- 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