Alphabet Suit
California Attorney General Bill Lockyer and New York Attorney General Eliot Spitzer and a host of other AGs have launched a pincer-like assault on federal regulatory agencies. General Lockyer filed a Petition for Review against the National Highway Traffic Safety Administration and General Spitzer did likewise against the EPA.
A letter sent in November by Lockyer and various AGs explains their position. At the heart of their argument is an interpretation of Executive Order 13132: Federalism, which addresses a bevy of preemption questions.
The Federalism Project Federal Preemption conference offered a bevy of preemption answers and still more questions. (Think of us like The Economist—we think so you don’t have to.)