Articles

Second Circuit Joins Federal Aviation Administration's pre-emption camp

Published by the International Law Office
July 20, 2011
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In Goodspeed Airport LLC v East Haddam Inland Wetlands & Watercourses Commission, the U.S. Court of Appeals for the Second Circuit made clear that the federal government has field pre-emption over state regulation of air safety. This article, authored by Sean Gordon and Timothy J. Lynes, explains that, while the Second Circuit used Goodspeed Airport as the platform to rule that the federal government pre-empts the field of aviation safety, the actual facts in Goodspeed Airport did not support an ultimate holding of federal pre-emption.