· 8/11/2023
State v. Douty
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “absent clear and manifest direction from Congress, historic police powers of the states will generally not be superseded by the federal law.”
- explaining that state law is pre-empted where it produces a result inconsistent with the objective of a federal statute
- explaining that state law is pre-empted where it produces a result inconsistent with the objective of a federal statute
- holding that if the matter is in any way regulated by the federal government, “the federal scheme prevails though it is a more modest, less pervasive regulatory plan than that of the State”
- explaining that while Federal Insecticide, Fungicide, and Rodenticide Act had evolved into a “comprehensive regulatory statute,” it contains “ample room” for supplemental state efforts
- noting that warehouses engaged in storage of grain for interstate or foreign commerce are in federal domain and holding that Warehouse Act preempts state regulation
Source: CourtListener parenthetical corpus (CC0).
Judges: Parker C.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.