Legal Definitions - express abrogation

Express abrogation occurs when a new law or legal provision explicitly and directly states that it is repealing, cancelling, or nullifying an existing law or a specific part of a law. This means the intent to remove the older legal text is clearly declared, leaving no room for interpretation or implication.

Here are some examples to illustrate this concept:

• Example 1: Environmental Protection Act

  A state legislature passes a new "Clean Air and Water Act of 2025." Within this comprehensive new act, there is a specific section that reads: "Section 15 of the State's Air Quality Standards Act of 1999, which established permissible industrial emissions, is hereby repealed in its entirety."

  This is an example of express abrogation because the 2025 act explicitly names and repeals a specific section of the 1999 act. The legislature's intent to cancel the older provision is clearly stated, leaving no doubt about its legal status.

• Example 2: Consumer Data Privacy Regulation

  A federal regulatory agency issues a new set of rules concerning online consumer data privacy. The new regulation includes a clause stating: "The 'Online Data Collection Guidelines of 2012,' previously issued by this agency, are hereby superseded and revoked."

  This demonstrates express abrogation because the new regulation directly and unequivocally declares that the older guidelines are no longer valid. There is no ambiguity about the cancellation of the 2012 guidelines; their repeal is explicitly announced.

• Example 3: Tax Code Amendment

  Congress passes a new tax reform bill aimed at simplifying the tax system. One specific provision in the bill states: "Subsection (b) of Section 456 of the Internal Revenue Code, pertaining to the tax credit for energy-inefficient appliances, is repealed for all tax years beginning after December 31, 2024."

  This is an example of express abrogation because the new tax bill specifically identifies and cancels a particular subsection of the existing tax code. The language leaves no doubt that this specific tax credit is being removed from the law for future tax periods.