82) Unlike in Whiting, the majority (including Justice Thomas) did not hesitate to read the saving clause narrowly in light of purposes attributed to the federal statute.
89) At the same time, the Court reasoned that if the saving clause narrowed the scope of the express preemption provision, it did not displace the operation of implied preemption principles.
One could multiply the examples of highly purposive statutory interpretation, whether of an express preemption clause, a saving clause, or a statutory scheme more broadly.
Limiting the saving clauses as we have determined respects the established federal-state balance in matters of maritime commerce between the subjects as to which the States retain concurrent powers and those over which the federal authority displaces state control.
48) The case involved the National Traffic and Motor Vehicle Safety Act of 1966, (49) which contained both a preemption provision and a saving clause that recognized the continued validity of state law.
55) The Court never took up the question of the role of the saving clause because it rejected preemption for other reasons.
As with implied preemption generally, the easiest way to limit Buckman-style preemption of claims based on fraud on federal agencies is for Congress to enact appropriate saving clauses in the relevant statutes.
In Geier, the Court found that a plaintiff's run-of-the-mill products liability claim against an auto manufacturer posed an undue obstacle to attaining the policies implicit in the federal auto safety program, even though the statute involved contained an express preemption clause and a saving clause explicitly preserving state common law claims.
The Medical Device Amendments to the Food, Drug, and Cosmetics Act contain an express preemption clause that uses the magic word "requirement" and does not have a saving clause.
129) In fact, the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ("NANPCA"), as amended by the Nonindigenous Invasive Species Act of 1996 ("NISA"), included a saving clause that explicitly recognized the ability of states to pass their own laws to address this issue:
The saving clause makes it clear that Congress did not explicitly preempt states here.
Coast Guard, which is in charge of implementing NANPCA and would likely prefer an exclusively federal approach to regulating ballast water discharges, has interpreted NANPCA's saving clause as "allow[ing] for states to develop their own .