Tag

Preemption

All articles tagged with #preemption

Supreme Court oral arguments in Suncor v. Boulder reveal deep divisions over climate liability

The Supreme Court heard oral arguments in Suncor Energy v. Boulder, a case determining whether federal law preempts state-level climate damages claims against fossil fuel companies. Justices appeared divided on both the merits and jurisdiction, with conservatives leaning toward preemption and liberals seeking procedural exits. The outcome could impact dozens of similar lawsuits nationwide.

via Axios|

#climate-change #environmental-law #politics

policy19 days ago•4 min saved

California flight crews push back as FAA seeks to preempt state meal breaks

The FAA proposes a rule to preempt state meal-break laws for aircrews, arguing that federal rules should override local protections and help avoid a patchwork of regulations that could affect airline prices, routes and services. California currently guarantees an uninterrupted 30‑minute meal break for crews working more than five hours, prompting three major flight-attendant unions to warn the FAA lacks authority to override state law and to threaten litigation, claiming insufficient consultation and potential safety implications. The dispute underscores tensions between federal preemption under the Airline Deregulation Act and California protections, with potential legal battles ahead.

via New York Post|

#airlines #california #faa

business1 month ago•4 min saved

States sue OCC over federal escrow rules that could curb mortgage interest

Ten state attorneys general filed a lawsuit in Oregon to invalidate two OCC rules that let federally regulated banks decide whether to pay interest or charge fees on mortgage escrow accounts and preempt state escrow laws. The suit argues the OCC exceeded its authority; about 14 states require escrow interest, and the rules could reduce interest on escrow balances used for taxes and insurance, though outcomes may depend on jurisdiction and wildcard statutes. The rules took effect June 18.

via CNBC|

#business #escrow #lawsuit

politics-society3 months ago•13 min saved

Supreme Court curbs state cancer warnings for pesticides when EPA stays silent

The Supreme Court ruled 7-2 that federal law preempts states from adding cancer warnings to pesticides that the EPA did not require, blocking state-level liability claims against Monsanto/Bayer for Roundup and potentially stalling thousands of lawsuits. The decision narrows state consumer-protection options, though lawmakers are moving to counter it with legislation or executive actions, and the ruling specifically concerns failure-to-warn claims rather than broader product-harm suits.

via The Conversation|

#glyphosate #labeling #politics-society

law3 months ago•7 min saved

Legal causation isn’t scientific proof: Roundup ruling underscores the law–science divide

Supreme Court’s Monsanto v. Durnell ruling concerns federal pesticide labeling preemption, not whether glyphosate causes cancer. The piece argues that legal causation and scientific causation answer different questions, urging clearer categorization of causal questions in court and reporting, and highlighting Roundup, talc, asbestos, and social-media cases to show how legal outcomes can be misinterpreted as scientific proof.

via statnews.com|

#causation #law #litigation

politics3 months ago•1 min saved

Supreme Court Shields Roundup Claims From State Lawsuit Liability

In a 7-2 decision, the Supreme Court held that federal pesticide law FIFRA preempts state tort claims against Monsanto (now Bayer) over Roundup’s cancer risks, effectively blocking thousands of lawsuits by individuals who say exposure caused non-Hodgkin lymphoma, because the EPA-approved label must be used and it does not carry a cancer warning. Justice Brett Kavanaugh wrote the majority, with Justices Jackson and Gorsuch dissenting. The ruling was welcomed by the company and the Trump administration, helped push Bayer shares up about 17%, and could extend preemption to other industries, according to critics who warn it weakens state consumer-protection laws. The case originated from a Missouri verdict; the EPA has not classified glyphosate as harmful.

via Axios|

#fifra #glyphosate #politics

politics3 months ago•10 min saved

House unveils bipartisan KOSA framework to protect minors online

House Republicans and Democrats announced a bipartisan deal on the Kids Online Safety Act (KOSA), establishing a federal safety floor that would preempt weaker state laws. The framework includes age verification for sexually explicit sites, social-media design changes to curb harm to minors, default safety settings, limits on disappearing messages, and a data-brokers registry. The House text omits a Senate-proposed duty to exercise reasonable care for user safety. Leaders aim to move the bill soon, with the Senate seeking to attach KOSA to a broader AI framework and target a deal by early July.

via Punchbowl News|

#congress #kosa #minors

politics3 months ago•2 min saved

Schumer urges AI guardrails as Congress faces uphill push for federal rules

Senate Majority Leader Schumer says AI has tremendous benefits but must be paired with guardrails, signaling support for federal rules even as intra-party and inter-chamber divisions make quick passage unlikely; the White House seeks a national standard via state preemption, but many Democrats resist or want to wait, with proposals from Trahan/Obernolte and Sanders/AOC under consideration; other Capitol items include the looming FISA lapse, Jay Clayton’s nomination to DNI, and a major defense budget push.

via Politico|

#ai #ai-regulation #democrats

politics4 months ago•8 min saved

Bipartisan AI pact stalls as lawmakers grapple with hurdles and deadlines

A bipartisan draft AI bill by Rep. Obernolte and Rep. Trahan aims to set nationwide safety and transparency rules, but faces stiff Democratic opposition, Republican skepticism, and White House hesitance; concerns over preempting state AI laws plus a shrinking legislative calendar make major action unlikely this year, pushing any progress to 2027 at earliest.

via Politico|

#ai-regulation #bipartisan #obernolte-trahan

policy4 months ago•8 min saved

House rolls out bipartisan AI draft to preempt state rules

House Republicans and Democrats unveiled a 269-page bipartisan AI draft that would preempt state AI laws, require top developers to disclose safety and cybersecurity risks, create a federal Center for AI Standards and Innovation (CAISI) with a $300 million three-year budget, and mandate third-party audits and cyber-threat data sharing. The framework aims to set federal AI rules before the midterms, but has drawn criticism from AI safety advocates and some state lawmakers who oppose preemption and question the regulatory scope.

via Politico|

#ai #artificial-intelligence #congress

politics-society5 months ago•12 min saved

Supreme Court weighs states’ power to warn about Roundup when EPA won’t

The Supreme Court faces whether states may require cancer warnings on glyphosate-based herbicides like Roundup even though the EPA has not mandated such warnings, a decision with implications for thousands of lawsuits and the balance between state consumer protections and federal preemption under FIFRA.

via The Conversation|

#fifra #glyphosate #politics-society

business5 months ago•5 min saved

Federal preemption blocks Illinois swipe-fee ban, reshaping banking rules

The Office of the Comptroller of the Currency issued a federal order preempting Illinois’ 2024 ban on credit-card interchange fees on the tax and tip portions of transactions, a move that benefits national banks but could burden state-chartered banks; Illinois lawmakers and Gov. Pritzker are weighing delays or repeal as litigation continues, with oral arguments set for May 13, as retailers back the ban and banks warn of potential disruption.

via Chicago Tribune|

#business #illinois-law #interchange-fees

law5 months ago•6 min saved

Supreme Court weighs preemption in Roundup cancer lawsuits

The Supreme Court is examining whether federal pesticide law FIFRA preempts state-court claims that Roundup caused cancer, a decision that could curb one of the largest waves of product-liability lawsuits and affect farmers’ access to glyphosate; justices questioned how federal and state labeling rules would work if the lawsuits proceed, as Monsanto/Bayer and the federal government take opposing positions.

via The Washington Post|

#fifra #glyphosate #law

politics5 months ago•28 min saved

Supreme Court narrows broad preemption in Hencely v. Fluor, reshaping state-federal clashes

The Supreme Court in Hencely v. Fluor Corp. held that a wounded soldier’s suit against a military contractor isn’t automatically preempted by federal policy, signaling a more cautious approach to preemption that could limit broad court-created goals and affect how state laws interact with federal aims. Justice Thomas wrote the majority (joined by Gorsuch and Barrett), while Alito dissented with Roberts and Kavanaugh. The decision contrasts with earlier precedents like Hines and Wyeth, suggesting the Court may roll back expansive preemption theories, with potential implications for consumer liability cases and immigrants’ rights depending on how future cases apply these standards.

via vox.com|

#afghan-first #hencely-v-fluor #politics

law5 months ago•6 min saved

Supreme Court Allows Veteran’s Tort Suit Against Fluor Over Taliban Bombing

In a 6-3 ruling written by Justice Thomas, the Supreme Court vacated a Fourth Circuit decision and allowed Winston Hencely’s state-law tort claims against Fluor Corp., a military contractor tied to a Taliban bombing at Bagram in 2016, to proceed, rejecting a broad battlefield preemption theory and remanding for further proceedings; Justices Alito, Roberts, and Kavanaugh dissented, arguing war powers preempt such suits.

via Fox News|

#law #military-contractor #preemption