American Cancer Society

Includes information on preemption in tobacco policy and menu labeling.

American Heart Association

The AHA has taken a strong position against preemption, especially in tobacco control policy.

American Lung Association

The ALA has taken a strong position against preemption, especially in tobacco control policy.

Howard Koh presentation

Assistant Secretary of Health and Human Services Howard Koh (Video of presentation)
Weight of the Nation: CDC’s Inaugural Conference on Obesity Prevention and Control.
Washington, DC; July 28, 2009.
Secretary Koh highlights the importance of local action in obesity prevention.

Innovative Legal Approaches to Address Obesity

A comprehensive journal article on obesity prevention law and policy including a discussion of preemption.

Introduction: Legal Solutions in Health Reform

Robert Wood Johnson Foundation background paper on legal issues related to health care reform, including a discussion of federalism and preemption.

Obama Anti-Preemption Memo

May 2009 White House memo to all federal departments and agencies opposing preemption in federal rulemaking.

Preemption: Taking the Local Out of Tobacco Control

Robin Hobart, American Medical Association, 2003.

Preemption Effect

University of North Carolina, Center for Community Capital.
Study on the impact of federal preemption on the foreclosure crisis: “The Preemption Effect: The Impact of Federal Preemption of State Anti-Predatory Lending Laws on the Foreclosure Crisis.”

Preemption Monitor

National Conference of State Legislatures
An information service of the NCSL Law & Criminal Justice Committee

Preemption Monitor tracks proposed, pending and adopted federal legislation and regulations that either include or repeal preemption, including legislation and regulations addressing health and public health.  Includes “Preemption Victories” (i.e. cases in which preemption was defeated), recently introduced legislation, and a Watch List of legislation that either repeals or extends preemption.

Preemption Fact Sheets: NPLAN and PHLC

  • Fundamentals of Preemption
  • The Consequences of Preemption for Public Health Advocacy
  • Negotiating Preemption
  • Preemption by Any Other Name

National Policy and Legal Analysis Network to Prevent Childhood Obesity (NPLAN) and the Public Health Law Center, 2010

Preemption in Alcohol Control

Michele Simon, The Marin Institute.  Presentation at the 2009 APHA Annual Meeting.

Privacy Preemption Watch

Electronic Privacy Information Center (EPIC) website on federal preemption of state privacy laws.

ProtectLocalControl

A comprehensive website on preemption in tobacco policy.  Sponsored by Americans for Nonsmokers’ Rights and the American Cancer Society.

Robert Wood Johnson Foundation

Blog entry: “Update: When Preemption Should Be Used in Legislation.”
Michelle Larkin of RWJF writes about a presentation at APHA’s 2009 conference, reporting that: “[the] presenters agreed that preemption should be used in legislation to set minimum standards without interfering with the ability of localities to set higher standards.”

Securing Local Control of Our Food & Environment:  How to fight Preemptive Legislation in Your State

Environmental Commons.

State Preemption of Local Smoke-Free Laws

State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants — United States, 2005-2009.  Centers for Disease Control and Prevention.  Mortality and Morbidity Weekly Report, February 5, 2010 / 59(04); 105-108.

Worried About Preemption? There’s A Petition

Blog entry on FDA preemption of state product liability litigation over FDA-approved drugs.

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