Gade v. National Solid Wastes Management Assn., 505 U.S. 88, 26 (1992)

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90

GADE v. NATIONAL SOLID WASTES MANAGEMENT ASSN.

Syllabus

able is Gade's argument that the OSH Act does not pre-empt nonconflicting state laws because those laws, like the Act, are designed to promote worker safety. Even where such laws share a common goal, a state law will be pre-empted if it interferes with the methods by which a federal statute was intended to reach that goal. International Paper Co. v. Ouellette, 479 U. S. 481, 494. Here, the Act does not foreclose a State from enacting its own laws, but it does restrict the ways in which it can do so. Pp. 96-104.

Justice Kennedy, agreeing that the state laws are pre-empted, concluded that the result is mandated by the express terms of § 18(b) of the OSH Act and that the scope of pre-emption is also defined by the statutory text. Such a finding is not contrary to the longstanding rule that this Court will not infer pre-emption of the States' historic police powers absent a clear statement of intent by Congress. Unartful though § 18(b)'s language may be, its structure and language, in conjunction with subsections (a), (c), and (f), leave little doubt that in the OSH Act Congress intended to pre-empt supplementary state regulation of an occupational safety and health issue with respect to which a federal standard exists. Pp. 109, 111-113.

O'Connor, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III, and IV, in which Rehnquist, C. J., and White, Scalia, and Kennedy, JJ., joined, and an opinion with respect to Part II, in which Rehnquist, C. J., and White and Scalia, JJ., joined. Kennedy, J., filed an opinion concurring in part and concurring in the judgment, post, p. 109. Souter, J., filed a dissenting opinion, in which Blackmun, Stevens, and Thomas, JJ., joined, post, p. 114.

John A. Simon, Assistant Attorney General of Illinois, argued the cause for petitioner. With him on the briefs were Roland W. Burris, Attorney General, Rosalyn B. Kaplan, Solicitor General, and Tanya Solov, Assistant Attorney General.

Donald T. Bliss argued the cause for respondent. With him on the brief were Arthur B. Culvahouse, Jr., Bruce J. Parker, and John T. Van Gessel.

William K. Kelley argued the cause pro hac vice for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Deputy Solic-

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