Preemption | Center for Effective Government

Rumors of a Regulatory Foe at OIRA

Dec 2, 2009 by Matthew Madia

As reported by Rena Steinzor at the Center for Progressive Reform blog, rumors are circulating the Randall Lutter may be taking a deputy position at the White House Office of Information and Regulatory Affairs, the executive branch gatekeeper for all things regulatory. OIRA Administrator Cass Sunstein has neither denied nor confirmed the rumors, Steinzor says.

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Obama Issues Memo on Preemption Practices

May 21, 2009 by Rick Melberth*

President Obama issued a memorandum May 20 to the heads of executive departments and agencies that should limit some of the worst preemption practices used by the Bush administration.

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Good News/Bad News on New Roof Strength Rule

May 1, 2009 by Matthew Madia

Yesterday, the National Highway Traffic Safety Administration (NHTSA) announced its long-awaited new rule requiring stronger roofs in vehicles in an attempt to better protect passengers in rollover crashes.

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Roof Crush Standard Flawed, Preempts State Efforts

The National Highway Traffic Safety Administration (NHTSA) has proposed a stricter federal standard for roof strength in passenger vehicles that would prohibit any action on roof safety at the state level — including damages claims brought by victims in state courts. During a June 4 Senate hearing, senators from both parties and auto safety advocates aired their complaints about the proposal.

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Fuel Economy Proposal: Higher Mileage, State Preemption

The U.S. Secretary of Transportation, Mary E. Peters, announced April 22 a proposed new rule to raise fuel efficiency standards for cars and light trucks. In December 2007, Congress passed the Energy Independence and Security Act, which required revisions to the Corporate Average Fuel Economy (CAFE) standards. The new rule, if implemented, would be the first significant improvement in fuel efficiency standards since the CAFE program's inception in 1975.

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High Court Expands Federal Preemption in Medical Cases

The U.S. Supreme Court has taken up a series of cases that addresses the issue of whether federal agency approval of medical devices and drugs shields manufacturers of those products from liability under state laws. In a case decided Feb. 20, the Court held that federal law preempts state liability claims if certain medical devices received U.S. Food and Drug Administration (FDA) approval. The Court also considered if that same protection should be extended to drug manufacturers.

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Senate Reviews Agencies' Attempts to Preempt Congress and the States

The Senate Judiciary Committee held a hearing Sept. 12 about federal agencies' practice of inserting into regulations language that removes consumers' ability to sue under state tort law those corporations whose products cause harm. In addition, the use of this preemption language limits the ability of state and local governments to protect the health, safety and welfare of their citizens. Federal preemption removes the targeted policy area from state and local jurisdiction and makes it almost exclusively a federal policy issue.

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States Losing Ability to Protect Public Due to Federal Preemptions

Despite the party's repeated use in recent years of states' rights rhetoric, the GOP-dominated Congress and Bush White House have been assiduously working to eliminate the ability of state governments to protect the public.

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