Legal Opinion
Opinion No. (2008)
Nebraska Attorney General Reports
Decided October 9, 2008Published
1Opinion of the Court
REQUESTED BY: Sen. Michael J. Flood
Speaker of the Legislature You have requested a formal opinion from the Attorney General's Office regarding the state's fireworks statutes, Neb. Rev. Stat. §§ 28-1239.01,28-1241 through 28-1250, and 28-1252 (Reissue 1995, Cum. Supp. 2006), the Fire Marshal's authority to regulate fireworks, and whether the state's statutes and regulations are constitutional, including whether they are preempted by federal law. After further consultation with your staff, it appears that the primary focus of your inquiry is whether the state's fireworks statutes are preempted…
2Cases cited11 opinions
- United States v. Mary Marcyes and James Siddle, United States of America v. Benjamin ReedCourt of Appeals for the Ninth Circuit · 1977
- Lincoln Electric System v. Nebraska Public Service CommissionNebraska Supreme Court · 2003
- Eyl v. Ciba-Geigy Corp.Nebraska Supreme Court · 2002
- Stoughton v. City of Fort WorthCourt of Appeals of Texas · 1955
- City of Fort Worth v. Atlas EnterprisesCourt of Appeals of Texas · 1958
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