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Conflicting Jurisdictions of Federal, State and Local Authorities: The Federal Preemption Doctrine

David E. Engdahl, Michael J. O'Neill , Proceedings of 31st Annual Rocky Mountain Mineral Law Institute (1985)

Preemption cases frequently are controversial, and very often are decided by sharply divided courts. Generalizing preemption principles is difficult, because each case must be decided on the basis of the particular legislation involved. Catch words and phrases which seem useful to express the conclusion reached in a particular case can be very misleading when they are sought to be applied to different statutory regimes. Nevertheless, attempts have been made to generalize the course of preemption inquiry. Preemption cases frequently are controversial, and very often are decided by sharply divided courts. Generalizing preemption principles is difficult, because each case must be decided on the basis of the particular legislation involved. Catch words and phrases which seem useful to express the conclusion reached in a particular case can be very misleading when they are sought to be applied to different statutory regimes. Nevertheless, attempts have been made to generalize the course of preemption inquiry.