Federal preemption definition
Examples of Federal preemption in a sentence
I have decided to grant California a waiver of Federal preemption pursuant to section 209(b) of the Clean Air Act, as amended (Act), 42 U.S.C. 7543(b), for amendments to its exhaust emission standards and test procedures which establish new and/or more stringent monitoring requirements of OBD systems on 1994 and later model year passenger cars, light-duty trucks, and medium-duty vehicles and also requires certain tampering protections on such OBD systems.
Section 209(b) of the Act provides that, if certain criteria are met, the Administrator shall waiver Federal preemption for California to enforce new motor vehicle emission standards and accompanying enforcement procedures.
Federal preemption of these clauses is among the proposals included in President Trump’s blueprint to lower drug prices and reduce out-of-pocket costs for patients.
Federal preemption of state consumer protection law requirements, traditionally an attribute of the federal savings association charter, has also been modified by the ▇▇▇▇-▇▇▇▇▇ Act and now requires a case-by-case determination of preemption by the Office of the Comptroller of the Currency (“OCC”) and eliminates preemption for subsidiaries of a bank.
Additionally, Google Fiber has generally proposed the agreement and is not raising any issues regarding the License Agreement and Federal preemption under the Telecommunications Act.
Federal preemption occurs chiefly in regulation – for example, cigarette labeling and advertising, self-insured health plans through ERISA (the Employee Retirement Income Security Act of 1974), and occupational health and safety.
Nor shall Participant have any obligation to obtain a resolution of any dispute which may arise based upon Federal preemption, as to the necessity of any non-Federal permit or license, or the applicability of any non-Federal law, regulation, or ordinance.