"As a matter of both basic agency law and federalism, the power to preempt the States’ laws must be conferred by Congress. It cannot be a mere byproduct of self

"As a matter of both basic agency law and federalism, the power to preempt the States’ laws must be conferred by Congress. It cannot be a mere byproduct of self-made agency policy." I am very much not a lawyer, but I don't see why that wouldn't apply to other agencies. OTOH, I'm unsure if that's really a precedent implying anything, any more than a court ruling that Emperor Norton had no legal authority would have been - it's simply reaffirming that arbitrary declarations have no inherent legal force.