United States v. Locke

3 Analyses of this case by attorneys

  1. Supreme Court Affirms the Rights of States to Adjudicate State Law Claims Associated with Federal Superfund Sites

    Pillsbury Winthrop Shaw Pittman LLPAmanda HalterApril 28, 2020

    Conflict preemption occurs “when compliance with both state and federal law is impossible, or when the state law stands as an obstacle to the accomplishment and execution of the full purposes and objective of Congress.” United States v. Locke, 529 U.S. 89, 109, 120 S. Ct. 1135, 1148 (2000) (internal quotes omitted).ARCO argued that imposing cleanup requirements that conflicted with EPA’s chosen remedy under CERCLA frustrated the purpose of the federal Act.

  2. Capital Defense Weekly, April 17, 2000

    Capital Defense NewsletterApril 17, 2000

    Cf. Gutierrez v. Ada, 528 U.S. ___, ___ (2000) (slip op., at 5) (“[W]ords and people are known by their companions”). Cf. also United States v. Locke, 529 U.S. ___, ___ (2000) (slip op., at 13). In these two parallel provisions Congress has given prisoners who fall within §2254(e)(2)’s opening clause an opportunity to obtain an evidentiary hearing where the legal or factual basis of the claims did not exist at the time of state-court proceedings.

  3. Capital Defense Weekly, April 17, 1999

    Capital Defense NewsletterApril 17, 1999

    Cf. Gutierrez v. Ada, 528 U.S. ___, ___ (2000) (slip op., at 5) (“[W]ords and people are known by their companions”). Cf. also United States v. Locke, 529 U.S. ___, ___ (2000) (slip op., at 13). In these two parallel provisions Congress has given prisoners who fall within §2254(e)(2)’s opening clause an opportunity to obtain an evidentiary hearing where the legal or factual basis of the claims did not exist at the time of state-court proceedings.