wisconsin public intervenor mortier argued april decided june federal insecticide fungicide rodenticide act fifra act et primarily pesticide licensing labeling law transformed congress comprehensive regulatory statute among things amendments significantly strengthened preexisting registration labeling standards specified fifra regulates pesticide use well sales labeling granted increased enforcement authority environmental protection agency epa regarding state local authorities fifra amended includes provisions requiring pesticide manufacturers produce records inspection upon request officer employee state political subdivision directing epa cooperate appropriate agency state political subdivision thereof securing uniformity regulations specifying state may regulate pesticide sale use long regulation permit sale use prohibited act pursuant statutory police power petitioner town adopted ordinance inter alia requires permit certain applications pesticides private lands town issued decision unfavorable respondent mortier application permit spray portion land brought declaratory judgment action county claiming among things ordinance preempted fifra granted summary judgment mortier wisconsin affirmed finding preemption ground act text legislative history demonstrate clearly manifest congressional intent prohibit regulation pesticides local governmental units held fifra preempt local governmental regulation pesticide use pp considering preemption starts assumption historic powers superseded federal law unless clear manifest purpose congress purpose may expressed terms statute absent explicit preemptive language congressional intent supersede state law may nonetheless implicit example federal act touches field federal interest dominant federal system assumed preclude enforcement state laws subject even congress chosen occupy particular field preemption may occur extent state federal law actually conflict compliance physical impossibility state law stands obstacle accomplishment congress purposes objectives pp fifra nowhere expressly supersedes local regulation neither act language legislative history relied whether read together separately suffices establish preemption fact expressly refers state authority regulate pesticide use act failure include political subdivisions aa definition state wholly inadequate demonstrate requisite clear manifest congressional intent mere silence insufficient context rice santa fe elevator exclusion local governments inferred express authorization state term political subdivisions merely subordinate components entity statute empowers sailors board education kent county indeed plausible reading express authorization leaves allocation regulatory authority absolute discretion including options specific redelegation leaving local regulation pesticides hands local authorities existing state laws merit mortier contention express references political subdivision show congress made clear distinction nonregulatory authority may exercised subdivisions regulatory authority reserved state furthermore legislative history best ambiguous reflecting disagreement responsible congressional committees whether provision become preempted local regulation pp fifra also fails provide clear manifest indication congress sought supplant local authority pesticide regulation impliedly argument amendments transformed act comprehensive statute occupied entire pesticide regulation field certain provisions including reopened certain portions field political subdivisions unpersuasive section undercuts inference field preemption since prohibits enacting imposing labeling packaging requirements conflict required fifra language pure surplusage congress already occupied entire field fifra otherwise imply preemption amendments turned act comprehensive regulatory statute substantial portions field still left vacant including area issue case fifra nowhere seeks establish affirmative permit scheme actual use pesticides occupy field local use permitting thus specific grant authority must read exclusion municipalities act ensuring continue regulate use sales even regard banning mislabeled products narrow preemptive overlap might occur pp actual conflict either fifra ordinance issue act local regulation generally compliance ordinance fifra physical impossibility moreover mortier assertions ordinance stands obstacle act goals promoting pesticide regulation coordinated solely federal state levels rests upon degree technical expertise unduly burden interstate commerce based little snippets legislative history policy speculations unpersuasive evidenced fifra implies regulatory partnership federal state local governments indication coordination statute seeks promote extends beyond matters expressly deals strongly enough compel conclusion independently enacted ordinance falls outside statute reach frustrates purpose indication fifra congress felt local ordinances necessarily rest insufficient expertise burden commerce pp white delivered opinion rehnquist marshall blackmun stevens kennedy souter joined scalia filed opinion concurring judgment post thomas dawson assistant attorney general wisconsin argued cause argued cause petitioners briefs linda monroe deputy solicitor general wallace argued cause amicus curiae urging reversal brief solicitor general starr assistant attorney general stewart clifford sloan david shilton paul kent argued cause respondents brief richard lewandowski briefs amici curiae urging reversal filed state hawaii et al warren price iii attorney general hawaii girard lau steven michaels deputy attorneys general james evans attorney general alabama roland burris attorney general illinois robert stephan attorney general kansas michael carpenter attorney general maine frank kelly attorney general michigan william webster attorney general missouri frankie sue del papa attorney general nevada ernest preate attorney general pennsylvania paul van dam attorney general utah jeffrey amestoy attorney general vermont conservation law foundation new england et al susan garsh robert mcdonnell maris abbene national institute municipal law offices et al robert alfton william thornton analeslie muncy village milford michigan et al patti goldman alan morrison brian wolfman briefs amici curiae urging affirmance filed state california et al daniel lungren attorney general california roderick walston chief assistant attorney general connett assistant attorney general charles getz iii deputy attorney general attorneys general respective follows grant woods arizona linley pearson indiana joseph curran maryland robert del tufo new jersey kenneth eikenberry washington american association nurserymen et al frederick provorny robert kirshner american farm bureau federation john rademacher richard krause green industry council stephen ostrach professional lawn care association america joseph lonardo national pest control association et al lawrence ebner washington legal foundation daniel popeo paul kamenar john scully justice white delivered opinion case requires us consider whether federal insecticide fungicide rodenticide act fifra stat amended et seq preempts regulation pesticides local governments hold fifra enacted replace federal government first effort pesticide regulation insecticide act stat stat like predecessor fifra originally adopted primarily licensing labeling statute ruckelshaus monsanto growing environmental safety concerns led congress undertake comprehensive revision fifra federal environmental pesticide control act stat amendments significantly strengthened fifra registration labeling standards help make certain pesticides applied accordance standards revisions insured fifra regulated use well sale labeling pesticides regulated pesticides produced sold intrastate interstate commerce provided review cancellation suspension registration ruckelshaus supra additional change grant increased enforcement authority environmental protection agency epa charged federal oversight pesticides since see reorganization plan app fashion amendments transformed fifra labeling law comprehensive regulatory statute amended fifra specifies several roles state local authorities statute example authorizes epa administrator enter cooperative agreements enforce fifra provisions part enforcement scheme fifra requires manufacturers produce records inspection upon request officer employee environmental protection agency state political subdivision duly designated administrator fifra directs epa administrator cooperate appropriate agency state political subdivision thereof particular relevance case specifies may regulate sale use pesticides long state regulation permit sale use prohibited act petitioner town casey small rural community located washburn county wisconsin several miles northwest spooner road superior town adopted ordinance regulates use pesticides ordinance expressly borrows statutory definitions wisconsin laws fifra enacted accords village boards general police health taxing powers ordinance requires permit application pesticide public lands private lands subject public use aerial application pesticide private lands ord app pet cert permit applicant must file form including information proposed pesticide use less days desired use town board may deny permit grant permit grant permit reasonable conditions permitted application related protection health safety welfare residents town casey initial decision applicant town resident may obtain hearing provide additional information regarding proposed application permit granted granted conditions ordinance requires permittee post placards giving notice pesticide use label information prescribing safe reentry time persons found guilty violating ordinance subject fines violation respondent ralph mortier applied permit aerial spraying portion land town granted permit precluded aerial spraying restricted lands ground spraying allowed mortier conjunction respondent wisconsin coalition brought declaratory judgment action circuit washburn county town casey named board members claiming town casey ordinance preempted state federal law wisconsin public intervenor assistant attorney general charged state law protection environmental public rights admitted without objection party defendant summary judgment circuit ruled favor mortier holding town ordinance preempted fifra state statute app pet cert wisconsin affirmed decision mortier casey declining address issue state law preemption concluded fifra preempted town casey ordinance statute text legislative history demonstrated clearly manifest congressional intent prohibit regulation pesticides local units government decision accorded judgments two federal courts appeals professional lawn care association milford maryland pest control association montgomery county summarily two separate dissents concluded neither fifra language legislative history expressed intent preempt local regulation casey supra abrahamson dissenting steinmetz dissenting dissenters conclusion part relied decisions reached two state courts central maine power lebanon people ex rel deukmejian county mendocino given importance issue conflict authority granted certiorari reverse ii supremacy clause art vi cl state laws interfere contrary laws congress made pursuance constitution invalid gibbons ogden wheat marshall ways federal law may preempt state law well established first instance turn congressional intent mcclendon congress intent supplant state authority particular field may expressed terms statute jones rath packing absent explicit preemptive language congress intent supersede state law given area may nonetheless implicit scheme federal regulation pervasive make reasonable inference congress left room supplement act congress touch es field federal interest dominant federal system assumed preclude enforcement state laws subject goals sought obtained obligations imposed reveal purpose preclude state authority rice santa fe elevator see pacific gas electric state energy resources conservation development commission considering start assumption historic police powers superseded federal act unless clear manifest purpose congress rice supra even congress chosen occupy particular field preemption may occur extent state federal law actually conflict conflict arises compliance federal state regulations physical impossibility florida lime avocado growers paul state law stands obstacle accomplishment execution full purposes objectives congress hines davidowitz finally axiomatic purposes supremacy clause constitutionality local ordinances analyzed way statewide laws hillsborough automated medical laboratories see city burbank lockheed air terminal iii applying principles conclude fifra preempt town ordinance either explicitly implicitly virtue actual conflict wisconsin recognized fifra nowhere expressly supersedes local regulation pesticide use however purported find statutory language indicative preemptive intent statute provision delineating authority key portions provision state state may regulate sale use federally registered pesticide device state extent regulation permit sale use prohibited subchapter state shall impose continue effect requirements labeling packaging addition different required subchapter clear state however statutory language aa alone evince congress manifest intent deprive political subdivisions authority regulate pesticides casey nevertheless possible infer statutory language alone pesticide regulation local entities preempted coupled legislative history language unmistakably demonstrates intent congress preempt local ordinances adopted town casey holding thus rested aa legislative history neither language legislative history sufficed alone suggestion absent two critical sections fifra sufficiently comprehensive statute justify inference congress occupied field exclusion respondents argued effect hand sufficiently clear opinion announced state precluded permitting local authorities regulate pesticides agree neither language statute legislative history standing alone suffice preempt local regulation also view even considered together language legislative materials relied insufficient demonstrate necessary congressional intent preempt statutory language wholly inadequate convey express preemptive intent section plainly authorizes regulate pesticides plainly silent reference local governments mere silence context suffice establish clear manifest purpose preempt local authority rice supra even fifra express grant regulatory authority read applying municipalities follow municipalities left regulatory authority rather mean localities claim regulatory authority explicitly conferred upon might otherwise preempted actual conflicts federal law minimum localities still free regulate subject usual principles properly read statutory language tilts favor local regulation principle well settled local governmental units created convenient agencies exercising governmental powers state may entrusted absolute discretion sailors board education kent county quoting reynolds sims quoting hunter city pittsburgh exclusion political subdivisions inferred express authorization state political subdivisions components entity statute empowers indeed plausible reading fifra authorization leaves allocation regulatory authority absolute discretion including option leaving local regulation pesticides hands local authorities certainly textual basis preemption exists mortier building upon decision contends provisions show congress made clear distinction nonregulatory authority delegated political subdivisions regulatory authority expressly delegated state alone provisions relies however undercut contention section example mandates epa administrator cooperate appropriate agency state political subdivision thereof carrying provisions subchapter initial matter section limit provisions subchapter localities authorized carry nonregulatory provisions moreover read provision preempting localities also require anomalous result preempting actions agency extent exercised powers included pesticide regulation likewise requires manufacturers produce records inspection upon request employee epa state political subdivision duly designated administrator section however authorizes administrator delegate state authority cooperate enforcement act use personnel use state fifra impliedly excludes subdivisions unclear one provision allow designation local officials enforcement purposes prohibit local enforcement authority altogether mortier like courts found preemption attempts compensate statute textual inadequacies stressing legislative history casey professional lawn care association evidence source centers meaning become best ambiguous house agriculture committee report accompanying proposed fifra amendments stated rejected proposal permitted political subdivisions regulate pesticides grounds federal government provide adequate number regulatory jurisdictions statement indicates unwillingness congress grant political subdivisions regulatory authority demonstrate intent prevent delegating authority subdivisions still less show desire prohibit local regulation altogether least one statement however concededly goes senate committee agriculture forestry report outright considered decision house committee deprive political subdivisions local authorities authority jurisdiction pesticides concurs decision house representatives code cong admin news pp members congress clearly disagreed senate commerce committee also jurisdiction bill observed hile senate agriculture committee bill specifically prohibit local governments regulating pesticides report committee explicitly local governments regulate pesticides manner many local governments regulate pesticides meet specific needs often better able perceive state federal regulators code cong counter language agriculture forestry committee report commerce committee proposed amendment expressly authorizing local regulation among numerous unrelated proposals amendment rejected negotiations two committees see cong rec conf result matters left two principal committees responsible bill disagreement whether preempted pesticide regulation political subdivisions important note moreover even disagreement confined preemptive effect fifra authorization regulatory power none committees mentioned asserted fifra preempted field pesticide regulation like fifra text legislative history thus falls far short establishing preemption local pesticide regulation clear manifest purpose congress rice thus agree submission amicus brief expressing views epa agency charged enforcing fifra likewise fifra fails provide clear manifest indication congress sought supplant local authority pesticide regulation impliedly particular reject position courts amendments transformed fifra comprehensive statute occupied field pesticide regulation certain provisions opened specific portions field state regulation much smaller portions local regulation see professional lawn care maryland pest control see also brief national pest control association et al amici curiae brief washington legal foundation amicus curiae assumption argued viewed opening field general pesticide regulation yet leaving closed political subdivisions reasoning unpersuasive initial matter still shown ordinary canons construction fifra delegation authority state therefore allow turn redelegate authority political subdivisions either specifically leaving undisturbed existing statutes otherwise provide local government ample authority regulate already noted plausibly read contemplate precisely redelegation term state since political subdivisions merely subordinate components whole scattered mention political subdivisions elsewhere fifra require exclusion legislative history complex ambiguous importantly field preemption inferred first place undercuts inference provision immediately following statute grant regulatory authority declares uch state shall impose continue effect requirements labeling packaging addition different required fifra language pure surplusage congress intended occupy entire field pesticide regulation taking preemption premise thus grant authority regulate sale use pesticides superfluously add authority regulate labeling packaging addition doubly superfluous given fifra historic focus labeling begin see monsanto fifra otherwise imply amendments turned fifra comprehensive regulatory statute monsanto supra resulting scheme pervasive make reasonable inference congress left room supplement rice supra contrary statute leaves ample room localities supplement federal efforts even absent express regulatory authorization fifra addresses numerous aspects pesticide control considerable detail particular registration classification applicator certification inspection pesticide production facilities possible ban seizure pesticides misbranded otherwise fail meet federal requirements provisions reflect general goal amendments strengthen existing labeling requirements insure requirements followed practice see monsanto supra fifra nonetheless leaves substantial portions field vacant including area issue case fifra nowhere seeks establish affirmative permit scheme actual use pesticides certainly equate registration labeling requirements general approval apply pesticides throughout nation without regard regional local factors like climate population geography water supply whatever else fifra may supplant occupy field pesticide regulation general area local use permitting particular contrast implicitly preempted fields enhancement fifra mean use pesticides occur federal permission subject federal inspection hands federally certified personnel intricate system federal commands city burbank lockheed air terminal quoting northwest airlines minnesota jackson concurring specific grant authority consequently serve hand back powers statute impliedly usurped rather acts ensure continue regulate use sales even regard banning mislabeled products narrow preemptive overlap might occur noted discussion express preemption doubtful congress intended exclude localities scope authorization however may type local regulation issue fall within impliedly preempted field finally like epa discern actual conflict either fifra ordinance us fifra local regulation generally mortier rely theory compliance ordinance fifra physical impossibility florida lime avocado growers instead urges town ordinance stands obstacle statute goals promoting pesticide regulation coordinated solely federal state levels rests upon degree technical expertise unduly burden interstate commerce one assertions rests little snippets legislative history policy speculations none convincing begin fifra suggest goal regulatory coordination sweeps either exclusively broadly mortier contends statute gives indication congress sufficiently concerned goal require preemption local use ordinances simply enacted locally mortier suggests otherwise quoting legislative history fifra establishes coordinated administrative system carry new program raising specter gypsy moth hoards safely navigating thousands contradictory ineffective municipal regulations made plain statute expressly impliedly preclude regulatory action political subdivisions regard local use contrary fifra implies regulatory partnership federal state local governments section expressly administrator shall cooperate appropriate agency state political subdivision thereof carrying provisions act securing uniformity regulations fifra suggest goal coordination precludes local use ordinances enacted independently specific state federal oversight also made plain local use permit regulations unlike labeling certification fall within area fifra program preempts even plainly addresses indication coordination statute seeks promote extends beyond matters deals strongly enough compel conclusion independently enacted ordinance falls outside statute reach frustrates purpose fifra provides even less indication local ordinances must yield statutory purposes promoting technical expertise maintaining unfettered interstate commerce isolated passages legislative history insufficient establish preemptive congressional intent establish legislative goals preemptive effect see code cong admin news mortier nonetheless asserts local ordinances necessarily rest insufficient expertise burden commerce allowing among things crop infestation specter gypsy moth congress free find local regulation wreak havoc enact legislation purpose preventing satisfied however congress done yet iv hold fifra preempt town casey ordinance regulating use pesticides judgment wisconsin reversed case remanded proceedings inconsistent opinion ordered footnotes section provides except otherwise provided law village board shall management control village property finances highways streets navigable waters public service shall power act government good order village commercial benefit health safety welfare convenience public may carry powers effect license regulation suppression borrowing taxation special assessment appropriation fine imprisonment necessary convenient means powers hereby conferred shall addition grants shall limited express language section provides purpose giving villages largest measure accordance spirit article xi section wisconsin constitution hereby declared chapter shall liberally construed favor rights powers privileges villages promote general welfare peace good order prosperity villages inhabitants thereof coalition unincorporated nonprofit association individual businesses associations whose members use pesticides justice scalia foray legislative history runs several problems one concurrence argues house agriculture committee made clear wanted localities picture report specifies grounds rejecting proposal permitting localities regulate pesticides observation federal government provided adequate number regulatory jurisdictions post way infer committee opposed direct grant regulatory authority upon localities also state delegation authority regulate suppose term regulatory jurisdictions meant regulatory purposes exercising authority opposed exercising authority derived direct federal grant language report answer question one way another concurrence contends senate agriculture committee unequivocally expressed view read deprive localities regulatory authority pesticides may true hardly dispositive even sufficiently ambiguous justify reliance legislative history meaning committee puts forward must minimum within realm meanings provision fairly read bear report clearly read prohibition clear provision written exclusively terms grant matter clearly report purports committee congress take language cover flies mosquitoes tell courts really covers ducks finally concurrence suggests senate commerce committee report reconfirmed views two agriculture committees prohibited local pesticide regulation post commerce committee point clearly otherwise agrees section rather report hile agriculture committee bill specifically prohibit local governments regulating report committee explicitly local governments regulate matter code cong admin news emphasis added commerce committee indeed went assert policy differences agriculture counterpart attempting strike root problem changing language provision far showing agreement rival commerce committee words actions show body first conceded ground meaning disputed language second raised stakes seeking insure language go way existence desirability prohibition local regulation doubt commerce agriculture committees stood opposite sides senate debate propriety using legislative history common sense suggests inquiry benefits reviewing additional information rather ignoring chief justice marshall put mind labours discover design legislature seizes everything aid derived fisher cranch legislative history materials generally misleading jurists never employ good faith effort discern legislative intent precedents demonstrate practice utilizing legislative history reaches well past see wallace parker pet suspect practice likewise reach well future justice scalia concurring judgment agree fifra preempt local regulation agree terms statute alone manifest preemption entire field pesticide regulation ante field preemption understood restricting certain types state regulation purpose makes little sense restrict subdivisions authorizing certain types state regulation purpose makes eminent sense authorize subdivisions field preemption question certainly close one congress selective use state state political subdivisions thereof suggest authorizing rather restricting meaning inconsistent usage pointed part opinion today recognizes see ante wisconsin justices agreed point come way committee reports contained fifra legislative history think entirely right tenor reports mistake failing recognize unreliable committee reports genuine indicator congressional intent safe predictor judicial construction use convenient ignore consider case resolved committee reports taken seriously bill amend fifra reported house committee agriculture september according accompanying committee report committee rejected proposal permitted political subdivisions regulate pesticides grounds federal government provide adequate number regulatory jurisdictions house agriculture committee bill passed full house november upon transmittal senate referred senate committee agriculture forestry reported june accompanying committee report clearly confirms foregoing interpretation house committee report clearly endorses disposition interpretation produces considered decision house committee deprive political subdivisions local authorities authority jurisdiction pesticides concurs decision house representatives clearly fifty federal government provide sufficient jurisdictions properly regulate pesticides moreover local authorities whether towns counties villages municipalities financial wherewithal provide necessary expert regulation comparable provided state federal governments basis basis permitting regulation extreme burden interstate commerce intent section providing authority political subdivisions local authorities understood depriving local authorities political subdivisions jurisdiction authority pesticides regulation pesticides pp emphasis added still senate agriculture committee reported bill floor committee commerce reported july report committee plus accompanying proposals amendment reconfirmed interpretation senate house agriculture committees report said agriculture committee bill specifically prohibit local governments regulating pesticides report committee explicitly local governments regulate pesticides manner many local governments regulate pesticides meet specific needs often better able perceive state federal regulators course necessarily say anything congress whole thought assuming members three committees question opposed relevant subcommittees actually adverted interpretive point issue probably unrealistic assumption assuming unanimous agreement point still represent less senate less house unlikely many members either chamber read pertinent portions committee reports voting bill assuming sure reports available vote pertinent portions though dominate discussion today constituted less house agriculture committee report less senate agriculture committee report senate commerce committee report senate agriculture committee supplemental report reports turn minuscule portion total number reports members congress receiving presumably even writing period question senate least vote amendment commerce committee proposal changed result supposed interpretation full senate rejected either majority members disagreed commerce committee proposed policy disagreed commerce committee agriculture committee interpretation thus thought amendment superfluous blissfully ignorant entire dispute simply thought commerce committee asking recommittal proposing amendments troublemaker three different minorities enough make majority respective reasons way knowing indeed way knowing rational motive know sure full senate adopted text us full house pursuant procedures prescribed constitution text transmitted president approved pursuant procedures prescribed constitution became law important question us today whether law denies local communities throughout nation significant powers try give text fair meaning whatever various committees might say thereby affirming proposition government laws committee reports least way prefer proceed believed however meaning statute determined committee reports conclude meaning opposite judgment commanded three times one committee house two committees one today decision reveals judicial application committee reports forensic rather interpretive device invoked support decision ignored mind infinitely better honestly giving dispositive effect better still stop confusing wisconsin use committee reports depressed predicting use legislative history purpose criticized reach well future prediction future accurate perception continuing practice reach ing well past may nothing fear