Steel Institute of New York v. City of New York, No. 12-276 (2d Cir. 2013)Annotate this Case
The Steel institute appealed the district court's grant of the City's motion for summary judgment and dismissal of its complaint, which alleged that the City's regulation of cranes and other hoisting equipment was preempted by federal law. The court granted some weight to OSHA's view in reaching its conclusion that local regulatory schemes such as the City's crane regulations have the aim and primary effect of regulating conduct to secure the safety of the general public, rather than the safety of workers in the workplace. Therefore, the City's crane regulations were saved from preemption as laws of general applicability and the court affirmed the judgment.