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Preemption Federal Aviation Administration (FAA)

Federal Court Finds Local Drone Ordinance Preempted by Federal Law

by Stinson Leonard Street on

States and local governments may want to think twice before passing laws that ban or place limitations or conditions on the use of unmanned aircraft flights in the wake of a federal judge's ruling last week in Massachusetts. ...more

The Sky May Be the Limit: Local Drone Regulation and Federal Preemption

by Dorsey & Whitney LLP on

Just over one year ago, the Federal Aviation Administration (FAA) promulgated regulations governing the commercial use of drones, also known as unmanned aerial vehicles (UAVs) or unmanned aircraft systems (UAS), weighing less...more

Singer v. Newton: Making Sense of Federal Preemption and Drone Regulation

Last week US District Judge William G. Young ruled in favor of Dr. Singer in Singer’s lawsuit against the city of Newton, MA (Newton) challenging portions of the city’s local unmanned aircraft systems (UAS or drone)...more

Local Drone Law Struck Down by Federal Preemption

by Holland & Knight LLP on

On Sept. 21, a federal court for the first time struck down local ordinance attempting to regulate the operation of unmanned aircraft systems (UAS or drones) within its jurisdiction. The United States District Court for the...more

Federal court finds that federal law preempts local drone ordinance

by DLA Piper on

In what appears to be the first-ever ruling of its kind, a federal judge in Massachusetts has overturned portions of a local UAS ordinance on grounds that it was preempted by federal law. While the ruling provides some...more

Aviation Happenings - Summer 2017

Aviation Happenings - Summer 2017 The Summer 2017 edition of Schnader’s Aviation Group newsletter examines some of the most recent and relevant case and developments in aviation law, including: • Midair Collision Case...more

"It's Not Old, It's A Classic!": Risk in Aging Aircraft with GARA Protecting Manufacturers

The General Aviation Revitalization Act of 1994 (“GARA”) was a byproduct of aging aircraft, rising costs, and tort liability in the United States. Congress was concerned that aircraft manufacturers were being devastated by...more

State And Local Governments To Congress Re: Drones –The Times, They Are A-Changin’

by Fox Rothschild LLP on

Unless this is your first visit to our blog (and if it is, welcome), you know that we have addressed the tension between the federal government vs. state and local governments regarding regulating drones on several occasions....more

The Drone Privacy and Transparency Act of 2017: Overdue or Over-reaching?

On March 15, 2017, Senator Edward Markey (D-Mass.) and Representative Peter Welch (D-Vt.) introduced federal legislation entitled the Drone Privacy and Transparency Act of 2017. The proposed legislation seeks to address...more

Aviation Happenings - Spring 2017

The Spring 2017 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Air Carrier Not Responsible for Rancid Cheese Under Montreal...more

Aviation Happenings - Winter 2016-2017 Part 2

Part 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Supreme Court Affirms Presumption Against Preemption...more

Aviation Happenings - Winter 2016-2017

Part 1 of 2 of the winter edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Court Dismisses State Law Negligence Claim Against...more

Return of the DAC — Drone Advisory Committee Holds Second Meeting

Last month marked the second meeting of the Federal Aviation Administration’s (FAA) Drone Advisory Committee (DAC). The meeting was held in Reno, Nevada and offered DAC members their first substantive opportunity to address a...more

AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

by Cozen O'Connor on

In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed...more

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

by Best Best & Krieger LLP on

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

by Carlton Fields on

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

by Buchalter on

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.

by Cozen O'Connor on

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”

by Reed Smith on

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

by Best Best & Krieger LLP on

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

by Tucker Arensberg, P.C. on

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

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