May 22, 2015 - Preemption Watch News

Banning Fracking Bans: The Paradox of Local Control
Center for Effective Government, 5/19/15

N.C. Sues FCC Over State Broadband Preemption
The Business of Television Broadcasting & Cable, 5/18/15

TSCA Reform: House Subcommittee Holds Markup of Revised Draft TSCA Bill and Passes Amended Draft
JD Supra Business Advisor, 5/18/15

The Toxic Substances Control Act (TSCA) was enacted in 1976 to manage chemicals in commerce. The "TSCA Modernization Act" preempts state law once EPA makes a final decision on a chemical: either a new rule or a determination that it poses no unreasonable risk. Prior state laws that do not conflict with TSCA, and private rights of action under tort or contract law, are preserved.

Pennsylvania's Fight Over Paid Sick Days Could Be The Presidential Campaign's Next Issue
Huffington Post, 5/6/15

"It’s a great day for all of our workers and all of our businesses," said Marianne Bellesorte, an official with Pathways PA, a nonprofit service and advocacy group that works on issues for women, children and families.

But city officials may not have the last word on the matter. As far back as 2013, when Nutter was still blocking the ordinance, conservative lawmakers in the state were talking about passing a law that would invalidate local sick day laws altogether. 

Where do the presidential candidates stand on paid sick leave?
Daily Kos, 5/9/15

This article focuses on ALEC model state preemption legislation and proposed preemption of Philadelphia's PSD ordinance. 


Warning And Call To Action For Illinois Residents
No Lawyers Blog, 5/7/15

A pro-gun blog post opposing SB 2130, which would repeal state preemption of local firearm and ammunition laws.


Appeals court hears Evansville gun case
Evansville Courier & Press, 5.6.15

Removed from the Mesker Park Zoo for openly carrying a handgun, a gun owner is suing the city of Evansville, asserting that the city's gun laws are invalidated by the Indiana Firearms Preemption Act.


The two articles below address HB 4052, which was adopted by the Michigan House of Representatives and now heads to the state Senate.

House Adopts Bill to Preempt Local Workplace Rules
Michigan Public Radio Network, 5/21/15

Extreme Bill Would Override All Local Employment Laws, Including LGBT Protections
Today’s Workplace, 5/20/15

SB 305 -  Preempts local regulation of knives, similar to firearm and ammunition preemption laws already adopted in 44 states.


Lawyers use 'Right to Farm' amendment to defend cultivation of marijuana
Missourian, 5/5/15

The recently passed "Right to Farm" amendment to Missouri's state constitution is being cited in court to challenge charges brought against two people for marijuana grow operations, arguing that the state statutes which make marijuana cultivation illegal violate the amended state constitution.

North Carolina

Advocates say environmental bill wrests local control
McDowell News, 5/20/15
HB 760

Gun control group hits NC airwaves
WRAL, 5/11/15

House Bill 562 would repeal North Carolina's requirement that a prospective handgun buyer obtain a pistol permit from the county sheriff. That process includes a criminal background check.

HB 562


Oklahoma Governor Signs Knife Rights’ Preemption Bill Into Law
Personal Defense World, 5/6/15


New Texas Law Makes Local Fracking Bans Illegal
NPR, 5/20/15

Crownover’s vote betrays community
Adam Briggle, Op Ed, Denton Record-Chronicle, 5/19/15


Utah leads way in 'right to bear knives' movement
Standard Examiner, 5/8/15


Vermont’s GMO statute and recently enacted regulations remain effective pending continued challenges in federal court
Lexology 5/5/15


                                     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.
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