Implied preemption

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Implied preemption exists where the scope of the federal law at issue "indicates that Congress intended federal law to occupy the field exclusively"[1] or where state or local laws conflict with federal laws. The effect of implied preemption is to require invalidation of the state or local laws.

There are two types of implied preemption: field preemption and conflict preemption.


  1. Freightliner Corp. v. Myrick, 514 U.S. 280, 287 (1995).