Federal Aviation Administration (FAA) Preemption

News & Analysis as of

Drone Operations Near Wildfires Spark New Laws and Technological Advances

As wildfire season heats up in the Western United States, drone (also known as “unmanned aircraft systems” or “UAS”) operations near wildfires have spurred technological advances and prompted a series of state and federal...more

Drone Rules Raise Preemption Questions

The Federal Aviation Administration's recently announced rules for commercial operation of small Unmanned Aircraft Systems (UAS or drones), set to take effect later this month, provide long-awaited guidance to drone operators...more

Drone on Drones: NLC Releases “Cities and Drones” Report and Draft Ordinance

The National League of Cities released a municipal guide designed to serve as a primer on drones for local officials. Published this week, Cities and Drones provides insight into the FAA’s recently released rules on drone...more

New Federal Drone Regulations Leave Unanswered Questions

The Federal Aviation Administration Extension, Safety, and Security Act of 2016 (“FAA Reauthorization”) was signed into law July 15. The FAA Reauthorization contained at least five sections directed specifically at unmanned...more

Insurance company drones may be hitting the skies

Back in March, our Data Privacy + Security Insider blog reported an increase in the use of commercial drones by State Departments of Transportation across the country. Now, insurance companies are also getting in the game....more

Senate Version of Federal Aviation Administration Reauthorization Preempts Local Drone Regulations

On March 17, 2016, the Commerce, Science and Transportation Committee of the United States Senate approved amendments to the most recent funding legislation for the Federal Aviation Administration (“FAA”), the FAA...more

Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.

On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp. The sixty-one page opinion effectively narrowed the scope of federal...more

Innovator Drug/510k Medical Device Impossibility Preemption and the Meaning of “A Fortiori”

According to Black’s Law Dictionary, “a fortiori” is legal Latin meaning: - By even greater force of logic; even more so it follows. We’ve been arguing for some time – since PLIVA v. Mensing, 131 S. Ct. 2567...more

Expanding Horizons: Drone Regulations from a Prosecutorial Perspective

BB&K attorney Jordan Ferguson writes about the criminal side of drones for the California District Attorneys Association’s Prosecutor’s Brief. Over the next few years, the skies are likely to get much more crowded....more

FAA Clarifies Federal, State, and Local Regulation of UAS

The FAA has released a fact sheet regarding state and local regulation of unmanned aircraft systems (“UAS”). The FAA advises that state and local restrictions should be consistent with the extensive federal statutory and...more

FAA Releases Guidelines For Local Regulation Of Drones

In the past few years unmanned aircraft systems, commonly known as drones, have grown in popularity and availability. With the proliferation of drones comes some difficult privacy and public safety questions for school...more

School Districts and Drones: The Door Remains Open for Regulation Efforts

Unmanned Aircraft Systems ("UAS"), otherwise known as drones, are everywhere. Literally. And their recreational use is likely to become even more prevalent given the hundreds of thousands of UAS's that were projected to be...more

Drone on Drones: Arizona Bill Would Preclude Local Government Drone Regulation

The Arizona Senate has introduced new legislation creating a comprehensive state policy on drone use that would preempt cities from enacting their own regulations. While the bill is likely to see major changes before becoming...more

Drones - The Division Between Federal and State Law and What it Means to You

Underscoring the shifting regulatory landscape applicable to Unmanned Aircraft Systems (UAS or drones), the Federal Aviation Administration (FAA) on December 17, 2015 put state and local governments on notice that they cannot...more

Keeping an Eye on "Pervasive Regulation" in Aviation and its Effect on Implied Federal Preemption

Earlier this month, the Ninth Circuit issued another opinion regarding the scope of federal preemption in the context of federal aviation regulations. In National Federation of the Blind v. United Airlines Inc. (No....more

Aviation Happenings - Winter 2016

Court Holds that Seating a Passenger Behind an IFE Box Does Not Constitute Montreal Convention “Accident” - The United States District Court for the Eastern District of Pennsylvania recently held that seating a...more

Now You See Them—Now You Don’t: The Magic of Using FAAAA Preemption to Make a Plaintiff’s State Law Claims Disappear

Magic makes the impossible possible. Federal preemption aims at a similarly lofty goal. After all, the power to preempt a plaintiff’s state law claims is the power to transform a plaintiff’s entire case in a radical and...more

Friendly Skies in California After Governor Brown Vetoes Drone Restrictions, Federal Response Uncertain

Iconic California tech companies are helping to pioneer the drone revolution. For over a year, Google’s advanced-research arm, Google X, has been testing its Project Wing aircraft in cooperation with NASA, moving ever-closer...more

FAA Weighs in on Preemption in Product Liability Litigation

Courts across the county have long struggled with the scope of federal preemption in aviation safety and with how an aircraft type certificate issued by the Federal Aviation Administration (FAA) affects aircraft product...more

Airline Industry Alert: Court Finds Federal Law Preempts State Drug-Testing Law as Applied to Flight Attendant

In a decision that is good news for airline employers, a federal trial court in Minnesota has held that the state drug-testing statute, which prohibits discharging an employee the first time the employee fails a drug test, is...more

Drone on Drones: L.A. City Council Proposal Could Turn The City into a No Drone Zone

While the FAA continues its rulemaking process and state legislators propose drone regulations of their own, the City of Los Angeles is considering creating its own drone regulations rather than waiting for the state or...more

Town of East Hampton Explores Limits of Aircraft Noise Regulation

In an unprecedented action aimed at limiting or eliminating noisy helicopters and fixed-wing aircraft from use of the East Hampton Airport, in East Hampton, Long Island, New York (“Airport”), on April 6, 2015, the East...more

Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls -...more

Waiting for Iskanian, Part 3 - Friends of the Plaintiff

As we await Thursday's oral argument before the California Supreme Court in Iskanian v. CLS Transportation of Los Angeles, in Part 3 of our series of posts, we'll take a look at the amici curiae supporting plaintiffs. ...more

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

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