Cite as: 529 U. S. 861 (2000)
Stevens, J., dissenting
Comm'n v. Granite Rock Co., 480 U. S. 572, 583 (1987); see Hillsborough County v. Automated Medical Laboratories, Inc., 471 U. S., at 717-718 (noting that too easily implying pre-emption "would be inconsistent with the federal-state balance embodied in our Supremacy Clause jurisprudence," and stating that "because agencies normally address problems in a detailed manner and can speak through a variety of means, including regulations, preambles, interpretive statements, and responses to comments, we can expect that they will make their intentions clear if they intend for their regulations to be exclusive"); Fidelity Fed. Sav. & Loan Assn. v. De la Cuesta, 458 U. S., at 154 (noting that preemption inquiry is initiated "[w]hen the administrator promulgates regulations intended to pre-empt state law"). This expectation, which is shared by the Executive Branch,24
serves to ensure that States will be able to have a dialog
would like. Our cases firmly establish that conflict and field pre-emption are alike in that both are instances of implied pre-emption that by definition do "not [turn] on an express statement of pre-emptive intent." Ante, at 884; see, e. g., Freightliner Corp. v. Myrick, 514 U. S. 280, 287 (1995) (quoted supra, at 899); English v. General Elec. Co., 496 U. S. 72, 79-80, and n. 5 (1990) (noting that field pre-emption rests on an inference of congressional intent to exclude state regulation and that it "may be understood as a species of conflict pre-emption"); Fidelity Fed. Sav. & Loan Assn. v. De la Cuesta, 458 U. S. 141, 153 (1982). Given that our specificity requirement was adopted in cases involving implied preemption, the Court cannot persuasively claim that the requirement is incompatible with our implied pre-emption jurisprudence in the federal regulatory context.
24 See Exec. Order No. 12612, § 4(e), 3 CFR 252, 255 (1988) ("When an Executive department or agency proposes to act through adjudication or rule-making to preempt State law, the department or agency shall provide all affected States notice and an opportunity for appropriate participation in the proceedings"); Exec. Order No. 13132, § 4(e), 64 Fed. Reg. 43255, 43257 (1999) (same); cf. Medtronic, Inc. v. Lohr, 518 U. S. 470, 496 (1996) (discussing 21 CFR § 808.5 (1995), an FDA regulation allowing a State to request an advisory opinion regarding whether a particular state-law requirement is pre-empted, or exempt from pre-emption, under the Medical Device Amendments of 1976).
909
Page: Index Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 NextLast modified: October 4, 2007