Title:

G. Steven Rowe, Attorney General of Maine v. New Hampshire Motor Transport Association, et al.

Subject:

Federal Aviation Administration Authorization Act, Preemption, Federalism, Police Powers, Tobacco

Question:

1. Whether the Federal Aviation Administration Authorization Act of 1994 ("FAAAA"), 49 U.S.C. section 14501(c)(1) and 41713(b)(4)(A), preempts states from exercising their historic public health police powers to regulate carriers that deliver contraband such as tobacco and other dangerous substances to children.
2. Whether the FAAAA preempts states from exercising their historic public health police powers to require shippers of contraband such as tobacco and other dangerous substances to utilize a carrier that provides age verification and signature services to ensure that such substances are not delivered to children.

Decisions:

• U.S. Court of Appeals - 1st Circuit [HTML] Opinion Filed: May 19, 2006
• United States Supreme Court, Cert. Granted: June 25, 2007

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket