21 Cited authorities

  1. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,399 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  2. Gade v. National Solid Wastes Management Ass'n

    505 U.S. 88 (1992)   Cited 887 times   10 Legal Analyses
    Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard
  3. Bond v. U.S.

    564 U.S. 211 (2011)   Cited 466 times   3 Legal Analyses
    Holding an individual charged for violation of a federal statute had prudential standing to claim the statute was invalid "on grounds that, by enacting it, Congress exceeded its power under the Constitution, thus intruding upon the sovereignty and authority of the States"
  4. Chrysler Corp. v. Brown

    441 U.S. 281 (1979)   Cited 1,281 times   8 Legal Analyses
    Holding that a regulation may have "the force and effect of law" if: it enacts substantive rules affecting individual rights and obligations, and is not merely an interpretive rule or general policy statement; Congress has delegated "quasi-legislative" power to the agency; and the regulation is valid, i.e., the agency has followed applicable procedures such as the Administrative Procedure Act
  5. Mackey v. Lanier Collection Agency Serv

    486 U.S. 825 (1988)   Cited 874 times   2 Legal Analyses
    Holding that ERISA did not pre-empt a state garnishment procedure despite petitioners’ contention that such actions would impose "substantial administrative burdens and costs" on plans
  6. Jones v. Rath Packing Co.

    430 U.S. 519 (1977)   Cited 1,187 times   3 Legal Analyses
    Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation
  7. United States v. Locke

    529 U.S. 89 (2000)   Cited 438 times   3 Legal Analyses
    Holding that the presumption does not apply in areas with a "history of significant federal presence"
  8. Rice v. Santa Fe Elevator Corp.

    331 U.S. 218 (1947)   Cited 2,164 times   11 Legal Analyses
    Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."
  9. Miller v. California Speedway Corp.

    536 F.3d 1020 (9th Cir. 2008)   Cited 82 times
    Holding that ADA technical manual setting forth guidelines governing lines of sight at sporting events was entitled to deference
  10. Hemp Industries Ass'n v. Drug Enforcement Administration

    333 F.3d 1082 (9th Cir. 2003)   Cited 68 times
    Holding that an interpretive rule issued by the Attorney General pursuant to the CSA is a "final determination" for jurisdictional purposes because the rule "impos[es] obligations and sanctions in the event of violation [of its provisions]"
  11. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,089 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement
  12. Section 1531 - Congressional findings and declaration of purposes and policy

    16 U.S.C. § 1531   Cited 1,671 times   26 Legal Analyses
    Finding and declaring that "various species of fish, wildlife, and plants in the United States have been rendered extinct" while "other species ... have been so depleted in numbers that they are in danger of or threatened with extinction ...."
  13. Section 651 - Congressional statement of findings and declaration of purpose and policy

    29 U.S.C. § 651   Cited 1,486 times   19 Legal Analyses
    Noting the OSH Act arose from concern surrounding "personal injuries and illnesses arising out of work situations"
  14. Section 667 - State jurisdiction and plans

    29 U.S.C. § 667   Cited 181 times   10 Legal Analyses
    Providing for transfer of jurisdiction
  15. Section 7545 - Regulation of fuels

    42 U.S.C. § 7545   Cited 156 times   25 Legal Analyses
    Authorizing creation of credit trading program
  16. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,146 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or