Tweed-New Haven Airport Authority v. Tong, No. 17-3481 (2d Cir. 2019)Annotate this Case
Tweed, seeking to expand its primary runway, filed suit to invalidate a Connecticut statute that had limited the runway's length. As a preliminary matter, the Second Circuit held that Tweed had Article III standing because it established an injury in fact, the injury was caused by the Runway Statute, and a favorable decision will likely redress Tweed's fear of the statute's enforcement. The court joined the Fifth and Tenth Circuits in holding that a subdivision may sue its state under the Supremacy Clause. Therefore, Tweed, as a political subdivision of Connecticut, may bring suit against Connecticut.
On the merits, the court held that the Runway Statute was preempted by the Federal Aviation Act where the Act's preemption applies to airport runways and the Runway Statute falls within the scope of that preemption. Furthermore, Congress intended the Act to occupy the entire field of air safety including runway length. Accordingly, the court reversed and remanded for entry of judgment in favor of Tweed.