Under the FAHU mnemonic for Federal Preemption, which factor is listed as a consideration?

Under the FAHU mnemonic for Federal Preemption, which factor is listed as a consideration?

• A. Federal scheme
• B. Agency created to administer
• C. Historically federally run
• D. Uniformity is needed

Answer: (C)

In preemption analysis, the FAHU mnemonic highlights four considerations: a federal scheme, an agency created to administer, historically federally run, and uniformity is needed. The factor that best signals the likelihood of preemption is the historical Federal administration—whether the area has been historically run by the federal government. When a program has long been administered at the federal level, courts infer congressional intent to occupy the field and to maintain nationwide consistency, making state laws that diverge from the federal framework more likely to be preempted. The other factors matter too—federal schemes show a comprehensive nationwide plan, an agency’s existence shows who administers it, and a need for uniform standards points to avoiding conflicting rules—but the historical federal administration specifically captures the tendency toward occupying the field, which is why it’s the best answer.

In preemption analysis, the FAHU mnemonic highlights four considerations: a federal scheme, an agency created to administer, historically federally run, and uniformity is needed. The factor that best signals the likelihood of preemption is the historical Federal administration—whether the area has been historically run by the federal government. When a program has long been administered at the federal level, courts infer congressional intent to occupy the field and to maintain nationwide consistency, making state laws that diverge from the federal framework more likely to be preempted. The other factors matter too—federal schemes show a comprehensive nationwide plan, an agency’s existence shows who administers it, and a need for uniform standards points to avoiding conflicting rules—but the historical federal administration specifically captures the tendency toward occupying the field, which is why it’s the best answer.