75) Unless well-drawn savings clauses
were included, congressional legislation could expose the patchwork quilt of state-level RPS to preemption challenges.
The Cheswick court analyzed both field and conflict preemption within the context of whether the CAA preempted state tort claims against an in-state source and determined that two savings clauses
in the CAA evince Congressional intent to reserve the right to sue under state common law.
the CWA's two savings clauses
did not speak directly to the issue
In 1986, the IRS issued a revenue ruling (21) addressing impermissible formula clauses in the nature of savings clauses
It may be worth considering a reinterpretation of the preemption or savings clauses
in order to allow such insurance regulations to survive, but those laws are much less common than laws forbidding discretionary clauses, so the majority of state regulation of discretionary clauses will survive preemption.
These express preemption and savings clauses
are the overarching bases for the issues in Whiting.
There is little caselaw prior to 2004 addressing the relationship between antitrust and regulatory statutes that contain savings clauses
expressly preserving antitrust enforcement.
Perhaps more important to latitude and incentives for innovation are the CAA's savings clauses
and floor preemption strategies.
Council leader Phil Fowlie said: "In principle, the council and the Crown Estate, as landowners, should have the right to call upon the savings clauses
to develop their land.
Eugene and Springfield councilors and Lane County commissioners discuss savings clauses
, revision of metro plan to allow replacement of temporary Interstate 5 Glenwood bridge.
34) In 2000, the Supreme Court in Locke revisited the subject of PWSA preemption attempting to reconcile the seemingly contradictory OPA savings clauses
are included in documents to prevent an adverse result that otherwise might arise.