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Rowe v. New Hampshire Motor Transport Association

Docket No.: 06-457
Certiorari Granted: Jun 25 2007
Argued: November 28, 2007
Decided: February 20, 2008

Topic:

The Federal Aviation Administr

PartyNames: ROWE, ATTORNEY GENERAL OF MAINE v. NEW HAMPSHIRE MOTOR TRANSPORT ASSOCIATION ET AL.
Petitioner: G. Steven Rowe, Attorney General of Maine
Respondent: New Hampshire Motor Transport Association, et al.

Court Below: United States Court of Appeals for the First Circuit

G. Steven Rowe, Attorney General of Maine
v.
New Hampshire Motor Transport Association, et al.
552 U.S. 312 (2008)
Question Presented:

1. Whether the Federal Aviation Administration Authorization Act of 1994 ("FAAAA"), 49 U.S.C. ยง14501(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.

Question:

Does the Federal Aviation Administration Authorization Act of 1994 preempt a state law that uses the state's police power to require that air and motor carriers take steps to ensure that tobacco is not sold to minors?

Holding: affirmed
Vote: 9-0
Opinion By:
Read ROWE V. NEW HAMPSHIRE MOTOR TRANSPORT ASSOCIATION opinion (PDF)
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