Does the Department of Justice have standing standing in cases where federal regulations prohibit the states from enforcing their own consumer protection laws?

MultiRegion, United States of America

The following excerpt is from Lacewell v. Office of the Comptroller of the Currency, 999 F.3d 130 (2nd Cir. 2021):

17 The remaining preemption-based standing cases that DFS cites are unavailing for this same reason. See Alaska v. U.S. Dep't of Transp ., 868 F.2d 441, 44243 (D.C. Cir. 1989) (concluding that states had suffered sufficient injury in fact to confer Article III standing because federal officials expressly took the position that federal regulations preempted state consumer protection laws concerning "airline price advertising," which encroached upon the states sovereign interest in enforcing their own laws); Ohio ex rel. Celebrezze v. U.S. Dep't of Transp ., 766 F.2d 228, 22930, 23233 (6th Cir. 1985) (finding same where a federal "statement of policy" expressly provided that federal regulations preempted state laws requiring prenotification of the transportation of certain radioactive materials within state lines).

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