Gade v. National Solid Wastes Management Ass'n

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

The Second Circuit Court of Appeals has analyzed the effect of “dual impact” regulations, and found that an exception will save city regulations from preemption if they are of general applicability. Steel Institute of New York v. City of New York, __ F.3d __, No. 12-276 (2nd Cir.
Continue Reading Second Circuit Holds that City Regulation Not Preempted by OSHA