Seaplane Adventures, LLC v. County of Marin, California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SEAPLANE ADVENTURES, Plaintiff, No. C 20–06222 WHA
v.
ORDER TO SHOW CAUSE
COUNTY OF MARIN, CALIFORNIA, RE PREEMPTION Defendant.
18 Although no motion for summary judgment has been made on the preemption issue, the 19 Court is of the view that it should be determined and is of the tentative view that the 20 preemption claim must fail for the following reasons. Therefore, all parties are directed to 21 show cause by WEDNESDAY, NOVEMBER 10, 2021, AT NOON why the preemption claim 22 should or should not be dismissed. 23 Because the “Federal Aviation Act has no express preemption clause,” plaintiff’s 24 preemption theories must allege either implied field preemption or conflict preemption. See 25 Martin ex rel. Heckman v. Midwest Exp. Holdings, Inc., 555 F.3d 806, 808 (9th Cir. 2009). 26 The “essential field preemption inquiry is whether the density and detail of federal 27 regulation merits the inference that any state regulation within the same field will necessarily interfere with the…