Content area
Full Text
I. INTRODUCTION
The Federal Aviation Administration Authorization Act of 1994 ("FAAAA") generally forbids States from enacting or enforcing a law related to the price, route, or service of any motor carrier. FAAAA preemption over state law has been the subject of much litigation in the past, and despite many court rulings including at least four Supreme Court decisions, will likely be a highly contested area for some time. Legislation like the FAAAA and constitutional theories such as the "dormant" Commerce Clause demonstrate Congress' reluctance to allow states to create burdensome regulatory regimes that harm ever-increasing interstate motor carrier activity.
Recent changes in the presidential administration and the balance of power in Congress, however, may have an impact on how congressional legislation and constitutional provisions are interpreted due to changes in the makeup of the Supreme Court or Congress' ability to modify the laws of earlier sessions. Understanding the intent of Congress and the likely interpretation of the FAAAA by the Supreme Court is crucial as legal battles are being waged in several states over the scope of FAAAA preemption.
This analysis will seek to determine the intended scope of the FAAAA by examining its genesis, inspecting its judicial interpretation and treatment, and assessing likely future trends and points of conflict.
?. CREATION OF THE FAAAA
Prior to 1978, the Civil Aeronautics Board regulated certain key aspects of the airline industry under the authorization of the Federal Aviation Act of 1958.1 This regulation, however, did not expressly preempt state regulation.2 However, in 1978, Congress enacted the Airline Deregulation Act ("ADA").3 The ADA was enacted because Congress determined that "maximum reliance on competitive market forces" was in the best interests of both the airline industry and its consumers as opposed to strict government regulation of many important business aspects.4 Concerned with attempts by states to undercut federal deregulation by enacting regulations of their own, the ADA included a provision that preempted states from enforcing any law "relating to rates, routes, or services of any air carrier"5 thus enabling competitive market forces to be the true impetus for changes in the direction of the airline industry. Preemption, however, was neither automatic nor universal, and individual analysis is necessary to determine if state action falls within the restricted...