Incorporated Standards in a Federal System
When state and local officials incorporate voluntary codes and standards, they still need to watch out for federal preemption.
The Road to Clean Air Is a Toll Road
Scholar argues that legal barriers should not prevent cities from using congestion pricing to curb traffic.
The Future of Maine’s Food Sovereignty Movement
The increasing popularity of municipal regulation over food production in Maine may attract federal preemption challenges.
Persuading for Privacy
Pressure mounts for Congress to come to bipartisan agreement on privacy.
Regulating Safety After Merck v. Albrecht
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.
The Sound of Silence
A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.
After a Federal Climate Policy Retreat, States Should Proceed With Caution
State and local governments must consider the potential legal risks of their climate change policies.