–    coexisting public and private remedies
–    common law approach – borrow standard from law as standard of conduct
–    staged interface – need public law ruling to bring claim
–    primary jurisdiction (See Abilene)
–    does not apply where issues to be decided by agency and court not inconsistent (See Nader v. Allegheny Airlines)
–    public law superseded and eliminates common law
–    agency could say pre-emption because supposed to adopt ALL necessary rules and regulations
–    need intention to supersede or impossible to comply with state and federal law (See Geier)
–    not true with federal action (See Sea Clammers)