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Farina v. Nokia, Inc.

Certiorari Denied

Petition for certiorari denied on October 3, 2011.

Docket No.10-1064
Op. Below3d Circuit

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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