California, United States of America
The following excerpt is from State of California ex rel. Van de Kamp v. Texaco, Inc., 252 Cal.Rptr. 221, 46 Cal.3d 1147, 762 P.2d 385 (Cal. 1988):
As the United States Supreme Court recently stated: "[B]ecause agencies normally address problems in a detailed manner and speak through a variety of means, including regulations, preambles, interpretive statements, and responses to comments, we can expect that they will make their intentions clear if they intend for their regulations to be exclusive. Thus, if an agency does not speak to the question of pre-emption, we will pause before saying that the mere volume and complexity of its regulations indicate that the agency did in fact intend to pre-empt." (Hillsborough County v. Automated Medical Labs. (1985) 471 U.S. 707, 718, 105 S.Ct. 2371, 2377, 85 L.Ed.2d 714.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.