HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)

Citation: HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)
Parent Document: HOUSING AUTHORITY OF COVINGTON v. Turner, 295 S.W.3d 123 (2009)
Jurisdiction: Kentucky (state)
Effective Date: 2009-05-29
Original Source: https://www.courtlistener.com/opinion/2006897/housing-authority-of-covington-... ↗

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As a general statement, preemption occurs when Congress, in enacting a federal statute, expresses a clear intent to preempt state law, Jones v. Rath Packing Co., 430 U.S. 519, 97 S.Ct. 1305, 51 L.Ed.2d 604 (1977); when there is outright or actual conflict between federal and state law, e.g., Free v. Bland, 369 U.S. 663, 82 S.Ct. 1089, 8 L.Ed.2d 180 (1962); where compliance with both federal and state law is in effect physically impossible, Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 83 S.Ct. 1210, 10 L.Ed.2d 248 (1963); where there is implicit in federal law a barrier to state regulation, Shaw v. Del*127ta Air Lines, Inc., 463 U.S. 85, 103 S.Ct. 2890, 77 L.Ed.2d 490 (1983); where Congress has legislated comprehensively, thus occupying an entire field of regulation and leaving no room for the states to supplement federal law, Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947); or where the state law stands as an obstacle to the accomplishment and execution of the full objectives of Congress. Hines v. Davidowitz, 312 U.S. 52, 61 S.Ct. 399, 85 L.Ed. 581 (1941).

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