Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 21

The Federal Aviation Act provides that ''The United States of America is declared to possess and exercise complete and exclusive national sovereignty in the airspace of the United States.'' The city of Orion adopted an ordinance that makes it unlawful for jet aircraft to take off from its airport between 11:00 P.M. of one day and 7:00 A.M. of the next day. Jordan Airlines, Inc., is adversely affected by this ordinance and brings suit challenging it under the Supremacy Clause of the U.S. Constitution as conflicting with the Federal Aviation Act or preempted by it. Is the ordinance valid? Explain.