Friday, February 11, 2011
Feb 10: In the U.S. Court of Appeals, Second Circuit, Case No. 10-516. Appealed from the United States District Court for the District of Connecticut. After a bench trial, in favor of Defendants-Appellees, determining that the Connecticut Inland Wetlands and Watercourses Act and the Connecticut Environmental Protection Act, as well as municipal regulations pursuant thereto (specifically the imposition of a permit requirement on cutting trees on protected wetlands), are neither expressly nor impliedly preempted by the Federal Aviation Act, the Airline Deregulation Act, or Federal Aviation Agency regulations promulgated thereunder. The Appeals Court affirmed the decision of the district court.
In conclusion, the Appeals Court said, "Although we hold that Congress has indicated its intent to occupy the entire field of aviation safety, the generally applicable state laws and regulations imposing permit requirements on land use challenged here do not, on the facts before us, invade that preempted field. Further, the impact on air carriers of the laws and regulations at issue here, if any, is too remote to be expressly preempted under the terms of the Airline Deregulation Act. Accordingly, the district
court's judgment of January 13, 2010 is hereby affirmed."
Access the complete opinion (click here).
Posted by JPMcJ at 4:35 PM