Council of Middletown Township v. Benham

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “[t]otal preemption is the exception and not the rule”
• commenting that state legislature did not intend to preempt the entire field of waste regulation covered by SWMA
• “[t]otal preemption is the exception and not the rule” and has been recognized only in three areas: alcoholic beverages, banking, and anthracite strip mining
• \[t]otal preemption is the exception and not the rule\ and has been recognized only in three areas: alcoholic beverages, banking, and anthracite strip mining
• “We have found an intent to totally preempt local regulation in only three areas: alcoholic beverages, banking and anthracite strip mining.”
• \The state is not presumed to have preempted a field merely by legislating in it. The General Assembly must clearly show its intent to preempt a field in which it has legislated.\

Source: CourtListener parenthetical corpus (CC0).