Mendonca

Californians for Safe & Competitive Dump Truck Transportation v. Mendonca

Good Law
152 F.3d 1184
United States Court of Appeals for the Ninth CircuitAugust 21, 1998No. 97-16026California2,842 words

Opinion

Lead Opinion

Sneed, J.

The issue before us is whether the Federal Aviation Administration Authorization Act of 1994, 49 U.S.C. § 14501 et seq. (“FAAA Act”) preempts enforcement of California’s Prevailing Wage Law, Cal. Lab.Code §§ 1770-80 (“CPWL”). We hold that it does not do so.

The language and structure of the FAAA Act does not evidence a clear and manifest intent on the part of Congress to preempt the CPWL. Although CPWL is not entirely unrelated “to a price, route or service of ... motor carriers,” the teachings of recent Supreme Court eases make clear that a state law dealing with matters traditionally within its police powers, and having no more than an indirect, remote, and tenuous effect on motor carriers, are not preempted. Such is the case here. Thus, we affirm the district court’s dismissal of plaintiffs’ complaint.

*1186 I.

BACKGROUND AND PROCEDURAL HISTORY

Plaintiffs Californians for Safe & Competitive Dump Truck Transportation, Lindeman Brothers, Inc. and Yuba Trucking, Inc. (collectively “Dump Truck”) 1 are public works contractors who provide transportation-related services on publicly-funded projects within California. The defendants (collectively “Mendonea”) are several California…

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