Preemption and Federal Lands

Question 1

What are the three ways to find preemption?

Answer 1

Express preemption -

Implied field preemption

Implied conflict preemption - exists when compliance with both state and federal requirements is impossible.

Question 2

How do you determine if counties are allowed to restrict certain activities, or if the State has the power?

Answer 2

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.