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Obama Releases Memo Upholding States' Authority
President tells agency heads to avoid making rules that preempt state law

WASHINGTON -- In an effort re-affirming the administration’s commitment to a strong state-federal partnership, President Barack Obama released guidelines for federal agencies that recognize the role of state laws in the federalist system and discourage future agency preemptions of state laws without a sound legal basis to do so.

The president’s directive says that agencies must respect state laws and only preempt after state prerogatives have been fully examined and where there is authority for preemption in federal law. The memorandum also calls for a review and repeal of any rules or policies issued within the last decade that could usurp state law.

The National Conference of State Legislatures applauds President Obama for his affirmation of the state-federal partnership. This memorandum is a victory for state officials concerned about the erosion of state authority through administrative rule-making.

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