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Innovative Congressional Minimum Standards Preemption Statutes

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Examines a new type of federal preemption statute popular since 1965 that allows states to retain a certain amount of regulatory discretion, with a focus on environmental statutes.

Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundre...