ALASKA BD. OF FISH AND GAME v. Thomas

635 P.2d 1191, 1981 Alas. LEXIS 614
CourtAlaska Supreme Court
DecidedNovember 13, 1981
Docket5595
StatusPublished
Cited by3 cases

This text of 635 P.2d 1191 (ALASKA BD. OF FISH AND GAME v. Thomas) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ALASKA BD. OF FISH AND GAME v. Thomas, 635 P.2d 1191, 1981 Alas. LEXIS 614 (Ala. 1981).

Opinion

OPINION

MATTHEWS, Justice.

Dennis Thomas owns an M-4 Maulé airplane that he uses for hunting. The registration symbols on the airplane are three inches high. In 1980, the Alaska Board of Game promulgated a regulation requiring aircraft of 5,200 pounds gross weight or less used for hunting, or transporting hunters or game, to display their registration marks *1192 with symbols at least 12 inches high. 1 From 1961 until 1977, the Federal Aviation Administration required that light aircraft display registration numbers having a minimum height of 12 inches. Subsequently, the minimum size was reduced to three inches. 2

The question in this case is whether federal law precludes the state from enforcing this regulation. The trial court held that federal law had preempted the field of air commerce and granted Thomas his requested declaratory relief that the Board of Game regulation be found invalid. 3 We disagree and reverse. 4

In Webster v. Bechtel, 621 P.2d 890, 897 (Alaska 1980), we drew upon the Supreme Court’s summary of preemption law presented in Ray v. Atlantic Richfield Co., 435 U.S. 151, 157-58, 98 S.Ct. 988, 994, 55 L.Ed.2d 179, 188-89 (1978) (citations omitted):

The Court’s prior cases indicate that when a State’s exercise of its police power is challenged under the Supremacy Clause, “we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.” Under the relevant cases, one of the legitimate inquiries is whether Congress has either explicitly or implicitly declared that the States are prohibited from regulating the various aspects of oil-tanker operations and design with which the Tanker Law is concerned. As the Court noted in [Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 1152, 91 L.Ed. 1447, 1459 (1947)]:
[The congressional] purpose may be evidenced in several ways. The scheme of federal regulation may be so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it. Or the Act of Congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject. Likewise, the object sought to be obtained by the federal law and the character of obligations imposed by it may reveal the same purpose.
Even if Congress has not completely foreclosed state legislation in a particular area, a state statute is void to the extent that it actually conflicts with a valid federal statute. A conflict will be found *1193 “where compliance with both federal and state regulations is a physical impossibility. . or where the state “law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.”

We also noted that:

preemption tests or standards are necessarily phrased in general or abstract terms which are of limited usefulness in applying the principle to a concrete set of facts. In each case, a balance must be struck between the competing demands of federal uniformity and local autonomy.

621 P.2d at 897, quoting Bald v. R. C. A. Alascom, 569 P.2d 1328, 1331 (Alaska 1977).

No explicit congressional expression of an intent to preempt exists in this case. In examining whether there is an implied intent to occupy the field, congressional intent will not be lightly inferred. 621 P.2d at 898. With these principles in mind, we turn to an examination of the trial court’s holding and the facts of this case.

We disagree with the trial court that Lockheed Air Terminal v. City of Burbank, 457 F.2d 667 (9th Cir. 1972), aff’d 411 U.S. 624, 93 S.Ct. 1854, 36 L.Ed.2d 547 (1973) provides controlling precedent. Lockheed Air Terminal invalidated an ordinance by the City of Burbank that prohibited nighttime commercial jet take-offs in order to reduce noise pollution. The Ninth Circuit ruled that the Federal Aviation Act of 1958, 49 U.S.C. § 1301 et seq., the statute in question here, occupied the field of air commerce, 457 F.2d at 670-75, and that the local and federal statutes were in conflict, a conflict inevitably fatal to the local enactment. 457 F.2d at 675-76. The Supreme Court affirmed the decision on more limited grounds, stating: “It is the pervasive nature of the scheme of federal regulation of aircraft noise that leads us to conclude that there is preemption.” 411 U.S. at 633, 93 S.Ct. at 1859, 36 L.Ed.2d at 554. Justice Douglas, writing for the Court, also noted, “each case turns on the peculiarities and special features of the federal regulatory scheme in question.” Id. at 638, 93 S.Ct. at 1862, 36 L.Ed.2d at 556 (citations omitted). We find the present case distinguishable.

First, the Supreme Court in Lockheed Air Terminal expressed a concern that disparate local ordinances “would severely limit the flexibility of the F.A.A. in controlling air traffic flow,” id. at 639, 93 S.Ct. at 1862, 36 L.Ed.2d at 557, frustrating a central goal of the Federal Aviation Act of 1958 to centralize air traffic flow control. See [1958] U.S.Code Cong. & Ad.News 3741, 3741-4 [H.R.Rep.No. 2360 85th Cong., 2nd Sess.]. The need for uniformity of noise regulation was thus an important underlying rationale for the finding of preemption.

Here, uniformity of registration symbol height does not strike us as a matter of overriding federal concern. The federal regulation allows for variations in symbol size so long as minimum requirements are met. 14 C.F.R. 45.29 (1980). That only minimum requirements are imposed indicates that the federal and state requirements are compatible in this area. See Florida Lime & Avocado Growers v. Paul, 373 U.S. 132, 147-48, 83 S.Ct. 1210, 1220, 10 L.Ed.2d 248, 260 (1963).

Second, in the absence of a federal need for uniformity, compliance with state symbol height requirements does not stand as an obstacle to the effectiveness of the federal presence in regulating air commerce in any tangible fashion. The Board of Game regulation does not affect aircraft in general commerce.

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635 P.2d 1191, 1981 Alas. LEXIS 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alaska-bd-of-fish-and-game-v-thomas-alaska-1981.