AAJ Reports Breaking News -- Major Victory for all Consumers!
I’m writing to share breaking news regarding a landmark achievement that was announced today in Washington D.C. From now on, the regulatory preemption of state common law will be strictly limited. Even regulations issued within the past 10 years will have to be reviewed and in some cases amended.
This is a major victory for the rights of all Americans under state law and is the culmination of years of tireless and dedicated effort by AAJ’s Regulatory Affairs team, headed by Gerie Voss.
Today, President Obama issued a Directive to the Heads of all Executive Branch Departments and Agencies stating it is the policy of his Administration 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.” Preemption of state common law will no longer be presumed or asserted by regulatory agencies absent “explicit preemption by Congress or an otherwise sufficient basis under applicable legal principles.”
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