Caveat Preemptor

President Obama issued a “memorandum” for heads of departments and agencies.  (I guess this must be technically different from an “executive order” but I’m not sure it matters: an order from the Boss is an order from the Boss is an order from the Boss.)  The memo contains a reminder about the importance of federalism and some more specific instructions negating Bush Administration practices:

  1. No preemptive statements in regulation preambles unless the body contains a preemption rule.
  2. Preemption must be legally justified.
  3. Agencies should reexamine all preemption regs issued in the past 10 years.

These are a welcome change from the policies of the last Administration.

Reader Comments

About Dan

Dan Farber

Dan Farber has written and taught on environmental and constitutional law as well as about contracts, jurisprudence and legislation. Currently at Berkeley Law, he has al…

READ more

POSTS BY Dan