Topic
Preemption
1,725 published works
Land Use Prof Blog
Two questions for the Colorado Supreme Court’s fracking cases: Do land use regulations of fracking survive in Colorado? Should the scope of a state agency’s rulemaking govern preemption of local governments?
I just did a radio interview with Bloomberg Law regarding the two Colorado fracking cases that came out yesterday. A link to the podcast of the live show is here.…
Environmental Law Prof Blog
Local Fracturing Bans Preempted in Colorado
Following a general trend toward state preemption of local control over oil and gas development, the Colorado Supreme Court issued two opinions today finding that Colorado law preempts local hydraulic…
Land Use Prof Blog
Colorado Supremes Invalidate Fracking Moratoria, Bans
In long-awaited decisions, today the Colorado Supreme Court invalidated the City of Fort Collins fracking moratorium and the City of Longmont's fracking ban as pre-empted by state law. The decisions…
Drug & Device Law
Preemption: Oregon Has Not Gone Bananas
Can you get sued over a picture of a banana? It seems the answer might depend on where you live and probably not in Oregon. That is one takeaway from…
Drug & Device Law
Innovator Drug/510k Medical Device Impossibility Preemption and the Meaning of “A Fortiori”
By Bexis
According to Black’s Law Dictionary, “a fortiori” is legal Latin meaning: By even greater force of logic; even more so it follows . We’ve been arguing for some time –…
TortsProf Blog
Two by Sharkey
Cathy Sharkey has posted two pieces to SSRN. First, States v. FDA. The abstract provides:In the United States, food and drug safety is regulated in two ways: a stringent ex…
ImmigrationProf Blog
Preemption of Arizona Driver’s License Policy as Another Basis for Supreme Court to Uphold President’s Deferred Action Programs
Photo courtesy of Cyrus D. Mehta & Partners PLLCCyrus Mehta offers federal preemption as a potential basis for upholding President Obama's expanded deferred action program in United States v. Texas. Mehta…
Drug & Device Law
FDA Biosimilars Guidance Not Conducive To Preemption
By Bexis
The FDA recently released draft guidance concerning the labeling of biosimilar products (analogous in the biologic context to generic drugs). It’s called, not surprisingly “Labeling for Biosimilar Products Guidance for…
Land Use Prof Blog
Fresh Air episode on states preempting local laws
Fresh Air had a great interview yesterday on the increasingly popular state tactic of preempting local laws. It's staggering to contemplate the far-reaching vision of this. I wonder...is anyone keeping…
Drug & Device Law
So Long Zoloft MDL
The Zoloft MDL has finally collapsed. We started to see the writing on the wall in June 2014, when the MDL judge ruled that none of the plaintiffs’ experts could…