Petition of the day
The petition of the day is:
Farina v. Nokia, Inc.
Issue(s): (1) Whether a regulation based on authority conferred by a statute that explicitly disclaims any implied preemptive effect can impliedly preempt state law on a "frustration of purpose" theory of preemption; and (2) whether an agency's National Environmental Policy Act regulation, which imposes no substantive requirements, may preempt substantive state health, safety, or consumer-protection laws.
Certiorari stage documents:
- Opinion below (3d Circuit)
- Petition for certiorari
- Brief in opposition
- Amicus brief of the Constitutional Accountability Center
- Petitioner's reply
- Petitioner's supplemental brief
- Invited: May 31, 2011
- Filed: August 26, 2011 (Deny)
Recommended Citation: Kiran Bhat, Petition of the day, SCOTUSblog (Apr. 25, 2011, 9:25 AM), http://www.scotusblog.com/2011/04/petition-of-the-day-113/