Editor's Note :

Editor's Note :

We expect additional orders from the December 2 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday.
On Monday the court hears oral arguments in Bethune-Hill v. Virginia State Board of Elections and McCrory v. Harris. Amy Howe has our preview.

Farina v. Nokia, Inc.

Petition for certiorari denied on October 3, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-1064 3d Cir. N/A N/A N/A N/A OT 2011

Issue: (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.

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