News & Analysis as of

Preemption Department of Transportation (DOT)

Troutman Pepper

DOT Deputizes State AGs to Pursue Consumer Claims Against Airlines, Circumventing Long-Standing Preemption

Troutman Pepper on

The U.S. Department of Transportation (DOT) recently announced an Airline Passenger Protection Partnership with state attorneys general (AGs), marking a significant expansion of AGs’ regulatory reach. This partnership, formed...more

Holland & Knight LLP

Airline Sued for Greenwashing Over Use of Carbon Offsets

Holland & Knight LLP on

A consumer filed a class action lawsuit against a commercial airline on May 30, 2023, in the U.S. District Court for the Central District of California alleging three violations of California state law related to unfair and...more

Obermayer Rebmann Maxwell & Hippel LLP

Weeding through the Uncertainties of Marijuana Testing in the Workplace

​​​​​​​The legalization of marijuana - both recreational and medicinal - continues to sweep the nation. As a result, many employers are facing the same, perplexing question: Should we continue drug testing employees for...more

Womble Bond Dickinson

Who Owns (And Controls) the Sky? Unresolved Jurisdiction, Property, and Privacy Issues For Consumer and Commercial Drone Operators

Womble Bond Dickinson on

Over recent years, the consumer and commercial market for drones has seen significant growth, and this growth will only continue. Credit Suisse predicts that the drone market will increase to $43 billion by 2024....more

Jones Day

Ninth Circuit Affirms FMCSA Preemption of California Meal and Rest Break Laws for Drivers Subject to Federal Regulation

Jones Day on

Ninth Circuit decision upholds the Federal Motor Carrier Safety Administration ("FMCSA") determination that federal law preempts California’s meal and rest break laws with respect to Department of Transportation-regulated...more

Payne & Fears

Ninth Circuit Upholds FMCSA Preemption of California Meal and Rest Break Laws

Payne & Fears on

The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB...more

Benesch

Despite Recent Challenges, California Meal and Rest Break Remains Pre-empted, While Briefing Closes in the Ninth Circuit Case

Benesch on

Department of Transportation dismisses the California Labor Commissioner’s Petition for Reconsideration of California’s Meal and Rest Break Rules. While briefing in the Ninth Circuit closes, oral Argument in Intl Brotherhood...more

Mitchell, Williams, Selig, Gates & Woodyard,...

State of Washington Rail Transport Crude Oil Volatility Rules: U.S. Pipeline and Hazardous Materials Safety Administration Public...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a July 24th Public Notice and Invitation to Comment (“Notice”) addressing the states of North Dakota and Montana’s (“States”) request...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Agency Preempts California’s Meal and Rest Break Rules for Property-Carrying Commercial Drivers

In an order with significant implications for motor carriers, the Federal Motor Carrier Safety Administration (FMCSA) concluded that California’s meal and rest break rules are preempted by federal transportation law and may...more

Fisher Phillips

A New Year’s Gift for California Trucking Companies: Meal Period and Rest Break Laws No Longer Apply

Fisher Phillips on

It’s official: California’s infamous meal period and rest break laws no longer apply to truck drivers regulated by the U.S. Department of Transportation’s hours-of-service requirements. Following a petition from the American...more

Parker Poe Adams & Bernstein LLP

U.S. Transportation Department Says California Driver Rules Pre-Empted by Federal Law

On December 28, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration granted multiple petitions seeking a declaration that new California rules for drivers’ rest periods and meal breaks are...more

Clark Hill PLC

FMCSA Preempts California Meal and Rest Break Rules

Clark Hill PLC on

On December 21, 2018, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced it is granting petitions to preempt the State of California’s meal and rest break rules, which differ...more

Littler

DOT Preempts California Meal and Rest Breaks Laws Under Federal Hazmat Regulations

Littler on

California requires an employer to provide employees who works more than five hours with a 30-minute uninterrupted, off-duty meal break (and another meal break if they work more than 10 hours)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Material Transportation/California Meal/Rest Break Requirements: U.S. Pipeline and Hazardous Materials Safety...

The United States Department of Transportation Pipeline and Hazardous Materials Safety Administration (“PHMSA”) granted a Petition submitted by the National Tank Truck Carriers Association requesting that the State of...more

Holland & Knight LLP

Illinois Legislature Pre-empts Municipal Authority to Regulate Drones

Holland & Knight LLP on

Effective immediately, the Illinois General Assembly has pre-empted all Illinois municipalities other than Chicago, including home rule municipalities, from regulating "unmanned aircraft systems," commonly referred to as...more

Buchalter

FAA Stands Firm in Defense of Federal Preemption of Airspace Regulations

Buchalter on

On July 20, 2018, the Federal Aviation Administration (“FAA”) issued a Press Release unequivocally clarifying its views of the distribution of regulatory authority between federal and local governments with respect to the...more

Best Best & Krieger LLP

[WEBINAR] Laying the Foundation for Maximizing Benefits Around Emerging Technologies

This webinar focuses on the important legal and policy foundations that should be considered when integrating emerging technologies into cities and counties. From smart traffic signals and street lights to automated vehicles...more

Best Best & Krieger LLP

[WEBINAR] Automated Vehicle Pilot Project Risks and Smart Infrastructure

As pilot projects testing self-driving and connected vehicles continue to roll out across the country, new policy, liability and contractual issues arise — in addition to considerations around future "smart" infrastructure...more

Dechert LLP

House Committee Passes Self-Driving Vehicle Legislation

Dechert LLP on

The U.S. House Energy and Commerce Committee, on July 27, unanimously approved a bill that would regulate self-driving vehicles. The bill, named the “Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution...more

Jones Day

SELF DRIVE Act Cruises from Committee to Full House

Jones Day on

On July 27, 2017 the first federal bill that addresses autonomous vehicle technology advanced to the full U.S. House of Representatives. Only eight days after advancing out of a subcommittee, the House Energy and Commerce...more

Foley & Lardner LLP

Congress Faces Tough Questions on the Road to Governing Self-Driving Cars

Foley & Lardner LLP on

Self-driving cars must also scare the hell out of Congress too. This past June 14 – long after states began their forays into regulating self-driving cars – the U.S. Senate Commerce, Science, and Transportation Committee...more

Seyfarth Shaw LLP

New Jersey Appellate Division Declines to Find Section 301 Pre-Emption of Discrimination and Retaliation Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Appellate Division reinstated plaintiff’s state law discrimination and retaliation claims, finding the claims were not pre-empted by Section 301 of the LMRA....more

Williams Mullen

Money, Dirt and Steel: Fall 2016 Newsletter

Williams Mullen on

Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more

McCarter & English, LLP

Generators of Regulated Medical Waste in New Jersey Must Meet Federal Standards After Preemptions

Generators of regulated medical waste (RMW) in New Jersey may need to revise their handling, marking and storage practices and procedures to meet federal hazardous materials requirements (49 CFR parts 171-180) (the federal...more

Beveridge & Diamond PC

FedEx Enters Settlement with California District Attorneys to Partially Resolve Allegations of Mismanagement of Damaged Products,...

On July 28, 2015, FedEx Ground Package System, Inc. (“FedEx”) entered into a settlement agreement (“Settlement”) with a group of California District Attorneys to partially resolve allegations that the company stored and...more

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