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Preemption: Obama Signals a Change in Federal Rulemaking Archives

Preemption: Obama Signals a Change in Federal Rulemaking

In a memorandum to heads of executive departments and agencies, President Obama stated his administration’s policy “that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption.” He instructed the heads of departments and agencies to review regulations issued within the past 10 years that are intended to preempt State law in order to determine whether the statements or provisions are justified under applicable legal principles governing preemption. The department or agency head should consider amending the regulation if preemption cannot be justified.

Federal Register: May 22, 2009 (Volume 74, Number 98)]
[Presidential Documents]
[Page 24693-24694]
From the Federal Register Online via GPO Access []

To learn more about the federal rulemaking process see:

Regulatory Research Resources

July 2, 2009 06:17 AM    Agencies ~   Regulatory Process

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