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Preemption Federal Aviation Administration (FAA)

Fox Rothschild LLP

UAS & Federal Preemption: All Thing New Are Old

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The FAA has just updated its policy statement regarding the legal considerations applicable to state and local regulation of Unmanned Aircraft Systems (UAS). Originally issued in 2015, the FAA “fact sheet” was intended to...more

Jones Day

FAA Updates Its Stance on Preemption of State and Local Drone Laws

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The Federal Aviation Administration ("FAA") released an updated Fact Sheet clarifying its perspective on the limits of state and local governments to regulate drones. ...more

Seyfarth Shaw LLP

Wage-Hour Rulings Impacting Air Carriers Show Continued Headwinds In California

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Northern District of California recently issued two rulings with noteworthy employment implications for commercial air carriers. The first ruling represents the first time a court has found that federal...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

Robinson+Cole Data Privacy + Security Insider

Collaboration Among Drone Industry, Town, and State Government to Preempt Local Ordinance

This week the Pennsylvania Drone Association, the Pittsburgh Drone Masters, and Allegheny County worked together to address Allegheny County Code § 650-2(A), which prohibits the operation of drones in areas not expressly...more

Fisher Phillips

Transportation Arbitration Agreements Ruled Enforceable Under New Jersey’s Arbitration Act Despite U.S. Supreme Court Ruling

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The New Jersey Supreme Court just ruled that state law ensures the enforceability of arbitration agreements with transportation workers despite a recent U.S. Supreme Court case that struck down such an agreement under federal...more

Ballard Spahr LLP

Possible Supreme Court Review of California’s “McGill Rule” Moves One Step Closer as Ninth Circuit Stays Mandates in Blair Appeals

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After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more

Vedder Price

Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors

Vedder Price on

After many years of congressional stalemates, the long awaited five-year reauthorization for the Federal Aviation Administration (the FAA) became federal law when signed by President Trump on October 5, 2018 (the...more

Vedder Price

Global Transportation Finance Newsletter - December 2018

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In This Issue: - Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors - ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme Federal Safe Harbor from Liability...more

Jones Day

Sikkelee Round Two: Federal Aviation Law vs. State Tort Law Rematch

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The Situation: The Third Circuit decided Sikkelee II, a closely watched case involving preemption in the aviation context. The Outcome: A divided Third Circuit held, 2–1, that federal aviation law did not "conflict...more

Katten Muchin Rosenman LLP

The FAA Reauthorization Act of 2018 is Enacted Into Law

On October 5, President Trump signed the FAA Reauthorization Act of 2018 into law. The Act funds the FAA through 2023 and does not include the controversial proposal to privatize US air traffic control, proposed restrictions...more

Holland & Knight LLP

FAA Reauthorization Act Confirms Pre-emptive Effect of Statute Protecting Aircraft Lessors

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The FAA Reauthorization Act of 2018, enacted on Oct. 5, 2018, has clarified and confirmed the pre-emptive effect of the federal statute intended to shield from liability owners, lessors and secured parties not in operational...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

Robinson+Cole Data Privacy + Security Insider

FAA Issues Statement Clarifying its Authority

In light of the rise in use of drones in the national airspace, there has been some confusion regarding the Federal Aviation Administration’s (FAA) authority over navigable airspace and federal preemption for state and local...more

Harris Beach PLLC

Federal Aviation Administration Announces that Municipalities May Not Regulate Airspace — Even for Drones

Harris Beach PLLC on

The Federal Aviation Administration (FAA) recently issued a press release clarifying the abilities of municipalities to regulate drone operations in the navigable airspace. State and local governments "are not permitted to...more

Robinson+Cole Data Privacy + Security Insider

Ten Drone Test Sites Expand States’ Regulatory Role

At test sites in ten states –Alaska, California, Florida, Nevada, North Dakota, North Carolina, Kansas, Oklahoma, Virginia and Tennessee – the U.S. Department of Transportation (DOT) granted local-backed drone projects...more

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

Beltway Buzz - May, 2018

Labor Secretary’s Year in Review. Secretary of Labor Alex Acosta was sworn in approximately one year ago this week (on April 28, 2017). Now that he has survived one year as secretary of labor, the Buzz thinks it is an...more

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

2018 Omnibus Funding Bill Keeps Government Open, Minus the Critical Joint-Employer Rider

On March 23, 2018, the last day before a potential government shutdown, Congress passed and the president is expected to sign a massive $1.3 trillion omnibus spending bill to fund the federal government through fiscal year...more

Cranfill Sumner LLP

Aviation Law News Alert: What We Can Learn From A Glider Who Flew Too Close To A Nuclear Power Plant

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In the case of William Cox, personal representative for the estate of Robin Fleming, vs. Duke Energy, et. al. the Fourth Circuit recently addressed a glider pilot’s arrest for flying too close to a nuclear power plant, the...more

Snell & Wilmer

Local Drone Law Preempted

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On September 21, 2017, in what is believed to be the first federal court ruling on the issue of local drone regulation, the United States District Court for the District of Massachusetts in Singer v. City of Newton,...more

Pillsbury - Gravel2Gavel Construction & Real...

Fourth Circuit Issues Ruling Protecting Actions of Nuclear Plant Operator

On November 20, the U.S. Court of Appeals for the Fourth Circuit decided the case of Cox, et al., v. Duke Energy, Inc. et al., affirming the ruling of the U.S. District Court for the District of South Carolina’s grant of the...more

Stinson LLP

Federal Court Finds Local Drone Ordinance Preempted by Federal Law

Stinson LLP 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

Dorsey & Whitney LLP

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

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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

Holland & Knight LLP

Local Drone Law Struck Down by Federal Preemption

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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

Butler Weihmuller Katz Craig LLP

"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

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