• FEMA and Formaldehyde Exposure: Federal Law Preempts State Tort and Failure to Warn Claims
  • July 2, 2009 | Authors: Daniel J. Herling; Douglas J. Behr
  • Law Firms: Keller and Heckman LLP - San Francisco Office; Keller and Heckman LLP - Washington Office
  • The federal government's provision of mobile homes to Hurricane Katrina and Rita victims has spawned an important federal preemption decision. The District Court for the Eastern District of Louisiana recently held that the Manufactured Home Construction and Safety Standards Act ("the MHA") and standards and regulations promulgated by the United States Department of Housing and Urban Development ("HUD") impliedly preempt state tort claims alleging excessive exposure to formaldehyde.