Julie Ralston Aoki

Julie Ralston Aoki

Julie is a Staff Attorney at the Public Health Law Center. Before joining the Center, she served as an Assistant Attorney General with the Minnesota Attorney General’s Office in the Antitrust and Consumer Enforcement Divisions, where she enforced and defended state trade practices laws and promoted the development of state consumer protection law and policy. At the Center, she has provided legal technical assistance to state and local public health officials and advocates in support of effective public health laws. Julie also teaches Public Health Law at the William Mitchell College of Law.

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By Julie Ralston Aoki

Preemption should be the exception, not the rule

January 17, 2011 | 2 Comments

There’s been bad news on the federal preemption front recently, but there’s some good news, too. Last month, the Administrative Conference of the United States published a Recommendation for the first time in fifteen years—about preemption in federal rulemaking. The Recommendation explains a Clinton-era Executive Order (that builds upon a Reagan-era Order) which, among other things, directs federal agencies to include a “federalism impact statement” in the preamble to proposed rules that explains how the rules would affect state and local laws, if they are preemptive. Who knew? Not the federal agencies, apparently. The ACUS Recommendation diplomatically notes that compliance…

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Blog

Risk of Preemption in the Smoke-Free Housing Movement
Over the last few years, the movement to promote smoke-free policies for multi-unit housing has been extremely successful. Thousands of privately own apartment buildings have voluntarily implemented policies prohibiting or significantly restricting smoking in common areas, individual units, on patios and balconies and on the entire property. Public housing authorities…
IOM Takes the Lead on Preemption
The Institute of Medicine has addressed federal and state preemption in a new report on law and policy in public health. Among the most authoritative, and unbiased, voices in public health, the IOM has concluded that federal and state preemption should be avoided “unless there are compelling reasons to the…
Preempting a movement for childhood obesity prevention
Taking a well-worn page from the playbook of the Tobacco Industry, the fast food industry is quietly, and so far successfully, eliminating local control over nutrition policy. In March, the Arizona legislature passed a preemption bill written by the Arizona Restaurant Association. The new law, which goes into effect in July, takes away the authority…
Preemption threatens grassroots fire prevention movement
About 3000 Americans die in home fires every year and thousands more are injured. Home fires are the greatest cause of fire deaths and injuries, and children under five and older adults face the highest risk. One of the great public health success stories of the past decade is the grassroots movement for…
Preemption should be the exception, not the rule
There’s been bad news on the federal preemption front recently, but there’s some good news, too. Last month, the Administrative Conference of the United States published a Recommendation for the first time in fifteen years—about preemption in federal rulemaking. The Recommendation explains a Clinton-era Executive Order (that builds upon a…

News

Regulating Guns in New Orleans: An Op-Ed
Louisiana is one of 42 states…that prohibits any political subdivision from passing an ordinance or regulation concerning the sale, purchase, or ownership of guns that’s more restrictive than state law.
Cleveland files in court to keep its ban on trans fats
Jackson was joined…by council members Phyllis Cleveland and Joe Cimperman… Cleveland, council majority leader, noted that she had voted against the trans fat ban last year…
“But I stand here in support of our mayor and our partners,” she said… We see our city power being attacked by Columbus… [O]ur right to govern ourselves is being eroded.”
Environmental Groups Call for Tougher Measures in Marcellus Shale Bills
While the industry faces a significant challenge in meeting local land use controls, there are critical site or regional considerations that cannot be effectively addressed within a state statute. The state should not grant special preemption for any one industry in this regard.
Mayors’ group campaigns against concealed gun bill
NEW YORK (AP) Monday, September 12, 2011; Seattle Post-Intelligencer Mayor Michael Bloomberg and other mayors in support of gun control are speaking out against a…
IOM Report: Revitalizing Law and Policy
“[U]nless there are compelling reasons to the contrary, the federal government ought not preempt state and local authority in advancing the public’s health.”

Resources

› Fact sheet

› Glossary

› Links

› Preemption Checklist

› Building Movements

› Movement Benefits

› IOM Presentation