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Preemption

1,725 published works

  1. 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?

    By Stephen R. Miller

    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.…

  2. Environmental Law Prof Blog

    Local Fracturing Bans Preempted in Colorado

    By Environmental Law Prof

    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…

  3. Land Use Prof Blog

    Colorado Supremes Invalidate Fracking Moratoria, Bans

    By Land Use Prof

    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…

  4. Drug & Device Law

    Preemption: Oregon Has Not Gone Bananas

    By Steven Boranian

    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…

  5. 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 –…

  6. TortsProf Blog

    Two by Sharkey

    By Christopher Robinette

    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…

  7. ImmigrationProf Blog

    Preemption of Arizona Driver’s License Policy as Another Basis for Supreme Court to Uphold President’s Deferred Action Programs

    By immigrationprof

    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…

  8. 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    The FDA recently released draft guidance concerning the labeling of biosimilar products (analogous in the biologic context to generic drugs).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…

  9. Land Use Prof Blog

    Fresh Air episode on states preempting local laws

    By Stephen R. Miller

    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…

  10. Drug & Device Law

    So Long Zoloft MDL

    By Steven Boranian

    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…