On August 31th, 2006 the California Senate shelved SB1056, a bill which would have granted the State jurisdiction over the regulation of seed and nursery stock.  Ostensibly proposed to ensure 'a level playing field' for agricultural and food producers, SB1056 is one of a host of legislation drafted across the United States to preempt county and municipal bans on genetically engineered crops.  In California, the heated struggle around 'preemption' exemplifies the interweaving of neoliberal ideology with industry attempts to prevent an unfavorable regulatory environment, but more importantly the contingencies and vulnerabilities of this strategy.  After reviewing SB1056's history, this paper examines how a diverse opposition movement capitalized on the friction between the neoliberal arguments mobilized by supporters and dominant Californian political philosophies.  The paper then highlights the ultimate effect of SB1056 through a critical exploration of current state and federal regulation and the entrenched interests of the California government.  I argue that more than simply opening new spaces for accumulation, SB1056 would have muted opposition voices and transferred power to institutions financially committed to the technology's commercialization.