July 9, 2015
Welcome to the Preemption Watch News. We hope you find these news links and summaries useful. Please let us know if you have any news about proposed or pending preemption that you would like us to include in future updates. You can contact us at or (510) 452-9419. More information can be found at Preemption Watch. Thank you for your support!

Interactive Map Documents Rising Tide of Preemption

Don’t miss our new, improved Preemption Map covering six issues: smokefree laws, e-cigarettesnutritionfactory farmspaid sick days, and guns.


Big Senate Fight Set on TSCA Reform
Occupational Health & Safety, 6/29/15
IAFF considers the House bill to be superior to the Senate's bill because the House bill does not preempt state actions until the EPA issues a final determination on the safety of a chemical. "The Senate bill, however, establishes a complicated preemption process which would preempt state actions on certain chemicals during the EPA’s review of such chemicals," according to IAFF.
A mixed bag: Comparing the preemption provisions of the House and Senate TSCA reform bills
Environmental Defense Fund, 6/30/15


Court: Arizona cities can raise minimum wage, 6/30/15
The Maricopa County Superior Court judgment stated that “the 2013 law limiting minimum-wage increases conflicts with Proposition 202, a measure Arizona voters approved in 2006 allowing cities to regulate wages and benefits via ordinance.”


Maui GMO ban overturned; federal court remains consistent on preemption analysis
Lexology, 7/2/15
Striking down a Maui County law prohibiting cultivation of genetically engineered crops makes this ruling “the third of three challenges to county laws in Hawaii imposing restrictions on GE plants (the other two involved challenges to a Hawaii County ordinance and a Kauai County ordinance). In each decision, the court held the local laws were preempted by federal law, state law, or both.”


Railroads Challenge New Massachusetts Sick-Leave Law
The National Law Journal, 7/1/15


Snyder signs local wage preemption law
Michigan Radio, 6/30/15


Editorial: Pennsylvanians win with repeal of Act 192
Daily Times, 6/30/15
Act 192, special-standing/preemption legislation that allowed gun advocates to sue Pennsylvania cities that enact their own gun control ordinances even if the laws are unenforceable, was ruled unconstitutional last Thursday by the seven members of the state appeals panel.


For conservatives, it's the 'right time' to discuss climate change
E&E Publishing, 7/7/15
Republican strategists openly discuss their support for federal preemption of climate change policies, outlining a strategy in which federal preemption would be sought as a concession from Democrats.
"Without pre-emption ... we shouldn't do it," Lehrer said of a carbon tax. But he noted that pre-emption is "quite realistic" because Democrats appear willing to make the trade for a broader climate policy.
Morrisey joins multi-state letter against federal pre-emption of states’ ability to legislate and enforce laws that protect consumers from data breaches and identity theft
Huntington News, 7/7/15
State AGs clash with Congress over data breach law
The Hill, 7/7/15
Attorneys general from all 47 states with data breach notification laws are urging Congress not to preempt local rules with a federal standard.
Four Ways ALEC Tried to Ruin Your State This Year
PR Watch, 7/7/15
U.S. Chamber of Commerce Works Globally to Fight Antismoking Measures
New York Times, 6/30/15
                                Mark Pertschuk                                                   Michael Bare                               
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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. Preemption Watch is a project of Grassroots Change.
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Support for this project is provided by the Robert Wood Johnson Foundation.

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