Analysis

Aviation Industry Preemption Battles To Watch

Law360 (September 3, 2019, 8:28 PM EDT) -- Attempts by state and local governments to carve out rules governing flight crew wages and benefits, airport operations and crash liability have sparked legal clashes with the aviation industry, which has argued that the federal government exclusively sets the rules for how it operates.

When Congress deregulated the airline industry in 1978, it allowed the market to influence economic decisions like fares, routes, schedules and services and ensured that state and local governments wouldn't create their own rules governing those areas.

But the reach of the preemption provision in the Airline Deregulation Act, as well as other federal statutes, has frequently...

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