Copy
May 7, 2015 - Preemption Watch News
National
Knives Are the New Guns in Lawmakers’ Second-Amendment Expansion
Bloomberg Politics, 5/6/15

Toxic-chemicals bill pushed by Sen. David Vitter clears U.S. Senate committee
The New Orleans Advocate, 4/29/15
The compromise addressed a key point of contention in the debate on the bill: federal preemption of state efforts to regulate the chemicals. The compromise gives greater protection to state actions, but in Boxer’s view doesn’t go far enough. “This is a states’ rights matter,” Boxer said in the hearing. “I think that when the states want to protect their folks, they should be able to do so.”

Sidley Austin's Martella talks 'toxic confusion' over Senate's TSCA reform bill

E&E Publishing, 4/28/15

Judge: GMO labels constitutional

Capital Press, 4/28/15
A US district judge dismissed federal preemption claims, and found that state labelling laws do not violate the constitution or federal law.

Taking a complete view of preemption and TSCA reform
American Chemistry Blog, 4/24/15
 
Arkansas
Little Rock Passes Anti-Discrimination Ordinance: Conflict with Arkansas Statute Prohibiting Local Anti-Discrimination Ordinances?
Law Professor Blogs Network, 4/22/15

California
Railroads Fight New California Labor Law
Courthouse News Service, 5/1/15
“Three of the nation's largest railroads sued California and its Division of Labor Standards this week over a new state labor law they claim will wreak  havoc with their collectively bargained employee ‘sickness’ benefits.” A Union Pacific spokesperson stated, “In light of federal regulation of railroad unemployment benefits, we believe that federal law preempts California's paid sick leave under AB 1522, and therefore the law does not apply to railroad employees.”

Florida
HB 1205 which would have preempted local control of fracking, passed the Florida House, was headed for a Senate hearing, but has finally died in State Senate; see stories below for bill history and background.

Bills That Would Have Allowed Fracking in Florida Die in Senate
Broward Palm Beach New Times, 4/29/15

Florida Lawmakers Pass Bill That Arrests Local Efforts To Ban Fracking
Think Progress, 4/28/15

Idaho
Idaho group pushes to end old gun laws
Idaho State Journal, 4/24/15
A pro-gun group pushes for repeal of local gun laws under state preemption.

Louisiana
Unlike Many States, Louisiana Allowed New Orleans To Ban Smoking In Bars
FiveThirtyEight, 4/22/15

Maryland
Opinion says Maryland law trumps most of Montgomery pesticide ban
The Gazette, 4/29/15

Missouri
Missouri Senate passes limits on local wage, bag ordinances
Southeast Missourian, 5/6/15

Democrats attempt filibuster over preemption bill
The Missouri Times, 5/5/15
HB 722 preempts local minimum wage and benefits laws, and plastic bag bans.

New Jersey
A new turn for sick leave laws
NJBiz, 4/26/15

According to a source, statewide paid sick leave legislation may be popping back up sometime in May or June, but it may look a little different than the bill advanced by the Assembly Budget Committee last December. The source said the Senate may be considering a similar bill that would include a preemption of local paid sick leave ordinances, essentially placing all municipalities under one uniformed policy.

Oklahoma
Oklahoma House calls for statewide Right to Farm referendum
News 9 Oklahoma City, 4/29/15

Oklahoma Lawmakers Vote To Outlaw Fracking Bans As Earthquakes In The State Spike
Climate Progress, 4/23/15
In an especially fractious split, the day after the state’s energy and environment cabinet acknowledged that the “recent rise in earthquakes cannot be entirely attributed to natural causes,” state lawmakers passed two bills to limit the ability of localities to decide if they want to allow fracking and drilling nearby.
 

The Oklahoma House of Representatives passed SB 809, which preempts local authority over oil and gas operations and SB 468, which penalizes local jurisdictions that regulate oil and gas operations by “imposing or enforcing a limitation that adversely impacts the use and development of minerals by substantially increasing the costs of the oil and gas operations, or… prohibiting access to develop the mineral estate.”  The bills are now headed back to the state Senate.

Pennsylvania
Wolf would use veto to keep Philly's sick-leave law
NewsWorks, 4/24/15

Pennsylvania court weighs legality of law that lets NRA sue to overturn gun control rules
TribLive, 4/15/15

South Carolina
Minimum wage and paid sick days preemption re-introduced in South Carolina
H3431

Texas
Bill to prohibit local fracking bans heads to Abbott's desk

Houston Chronicle, 5/4/15
Texas Senate has approved HB 40 prohibiting local fracking bans, and has sent it to the Governor.

A ban on fracking bans
APM’s Marketplace, 5/4/15

The Height of Hypocrisy: Cities vs State
News 4 San Antonio, 4/30/15
 
                                         
     
                                     Mark Pertschuk                                Michael Bare                     
                                     
Director                                            Program Manager

Preemption Watch is a project of Grassroots Change. Grassroots Change supports grassroots public health and safety movements. We’re joined together by a shared belief in the power of grassroots movements and a commitment to improving the lives of all Americans – whether that means access to healthy foods, violence prevention, paid sick days, or reconnecting children with nature.

  
Grassroots Change
221 Oak Street, Oakland, CA  94607 (510) 452-9419
 
Support for this project is provided by the Robert Wood Johnson Foundation.
 
 unsubscribe from this list | update your subscription preferences