Obama Curtails Bush's Policy of 'Preemption'

Bush Policy Had Dictated that Federal Rules Override State Laws

By Philip Rucker
Washington Post Staff Writer
Friday, May 22, 2009

President Obama continued to reverse his predecessor's policies this week by undoing a controversial Bush administration rule known as "preemption" that used federal regulations to override state laws on the environment, health, public safety and other issues.

Obama, in a memorandum to federal agency heads issued late Wednesday, said his administration should undertake regulations preempting state laws in rare instances and "only with full consideration of the legitimate prerogatives of the states and with a sufficient legal basis for preemption."

The president ordered department heads to review all regulations issued in the past 10 years that are designed to preempt state law and determine whether they are justified under the new policy. If they cannot be justified, Obama said, his administration should consider amending the regulations.

Bush administration officials inserted preemptive language into dozens of federal regulations, in many cases shielding corporations from restrictive state laws. For instance, federal preemption provisions stopped California from enforcing a law limiting greenhouse gas emissions.

(More here.)