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" ... As Judge Alsup impliedly states, it is absurd to allow a state jury to decide questions of national and international energy policy that the Constitution has clearly left to other branches of government. Rhode Island profits enormously from the products of the very same petrochemical industry that it now claims constitutes a nuisance. Their suit is an invitation to legislate from the bench, or perhaps from the jury room. ... "
" ... However, the three district courts found the ordinances preempted by different laws and through the application of different theories, which made for a complicated oral argument. Before the district courts, ordinance opponents had argued that the county laws were both expressly and impliedly preempted because they conflicted with the relevant state and federal laws. Specifically, the opponents claimed that the federal Plant Protection Act (PPA), which authorizes the U.S. Secretary of Agriculture to prohibit or restrict the movement of “plant pest[s]” and “noxious weed[s],” expressly preempts the ordinances and, because they are in conflict with it, also impliedly preempts them. Further, under the unique Hawaiian preemption jurisprudence, the opponents argued that various state laws, including the Hawaiian Department of Agriculture’s Noxious Weed Rules, cover the same regulatory subject matter and occupy the field, preempting any regulatory action by the counties. ... "
" ... Long-term use of opioids for chronic pain is FDA-approved and the labeling for such use is strictly controlled. Manufacturers could not comply with a court order to reduce or increase information about that opioid use without running afoul of FDA regulations. When compliance with both state and federal labeling requirements is impossible, courts have held that federal law can impliedly preempt the state-law legal action. ... "