Barrientos v. 1801-1825 Morton LLC (2009)

Citation: Barrientos v. 1801-1825 Morton LLC (2009)
Parent Document: Barrientos v. 1801-1825 Morton LLC (2009)
Jurisdiction: United States (federal)
Effective Date: 2009-10-09
Original Source: https://www.courtlistener.com/opinion/3065171/barrientos-v-1801-1825-morton-llc/ ↗

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“Pre-emption should not be inferred . . . simply because the
agency’s regulations are comprehensive.” R.J. Reynolds
Tobacco Co., 479 U.S. at 149. Federal regulations have “to be
sufficiently comprehensive to authorize and govern programs
in States which [have] no requirements of their own as well
as cooperatively in States with such requirements.” Hillsbor-
ough County, Fla. v. Automated Med. Labs., Inc., 471 U.S.
707, 717 (1985) (alteration and internal quotation marks omit-
ted). As the Supreme Court stated, “merely because the fed-
eral provisions were sufficiently comprehensive to meet the
need identified by Congress did not mean that States and
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localities were barred from identifying additional needs or
imposing further requirements in the field.” Id.

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