Davis

MEMORANDUM AND ORDER

Plaintiffs California Dump Truck Owners Association and Southern California Contractors Association (collectively referred to as “Plaintiffs”) brought an action against Defendants Gray Davis, in his official capacity as Governor of California, and Bill Lockyer, in his official capacity as Attorney General of California (collectively referred to as “Defendants”). Specifically, Plaintiffs seek a declaratory order pursuant to 28 U.S.C. § 2201 that certain provisions of the California Code which authorize municipalities to enact regulations related to motor carriers of property are preempted by the Federal Aviation Administration Authorization Act (“FAAA Act”). This matter is before the court on cross-motions for judgments on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. The questions before this court are whether the specified provisions of the California Code are saved from preemption by the FAAA Act and if the California statutory provisions are not saved from preemption, whether the FAAA Act is unconstitutional. This court must also decide whether necessary parties are absent from the case. For the reasons set forth below, this…