Preemption and Federal Lands Flashcards
1
Q
What are the three ways to find preemption?
A
Express preemption -
Implied field preemption
Implied conflict preemption - exists when compliance with both state and federal requirements is impossible.
2
Q
How do you determine if counties are allowed to restrict certain activities, or if the State has the power?
A
must first look to see if the state has delegated the power in the ordnance to the county. State law also preempts when:
○ The ordnance covers the same subject matter embraced within a comprehensive state statutory scheme disclosing an express or implied intent to be exclusive and uniform throughout the state, or
○ It conflicts with state law.