implied preemption

Implied preemption occurs when a higher authority, like the federal government, has enacted laws or regulations that suggest it intends to occupy the entire field or area of regulation, even if not explicitly stated. This means that state or local laws conflicting with or covering the same issues are rendered invalid because the national law is seen to implicitly replace or override them. It relies on context, such as the scope and purpose of federal legislation, rather than an explicit clause stating preemption, to determine that federal authority implicitly preempts state or local laws.