Cades Schutte LLP partners Calvert G. Chipchase and Lisa K. Swartzfager achieved a significant victory for its client, Vertical Association International , f/k/a Helicopter Association International, (“VAI”), in a high-profile litigation to invalidate a state statute which required VAI to provide monthly reporting to address considerations regarding noise, safety, and community disruption.
The decision by Magistrate Judge Kenneth J. Mansfield of the U.S. District Court for the District of Hawai‘i was based on the principle of federal preemption, which indicates that federal law takes precedence over state law in the field of aviation safety and efficiency. Based on Cades Schutte’s arguments, Judge Mansfield found that the state reporting requirements were preempted by federal law and thus could not be enforced. The outcome supports VAI’s position, relieving it and its members from the burden of complying with the state-imposed reporting requirements.
“We are extremely pleased to have obtained this result for our client,” said Calvert G. Chipchase, who served as lead partner. “This is a significant ruling which will reinforce and clarify the extent of federal preemption in aviation, particularly when state laws require excessive reporting requirements for air tour operators. We hope this decision will act as a precedent for other states that are considering similar regulations, and benefit the parties involved.”
“VAI and the air tour industry are committed to working with the communities where we live, work, and operate to elevate safety and community compatibility,” says Cade Clark, chief government affairs officer for VAI. “However, having a single regulator—the FAA— manage the National Airspace System ensures that our airspace remains free from conflicting rules. We are thankful for the Cades Schutte team, who helped us achieve results that align with our commitment.”
The ruling underscores the importance of a consistent regulatory framework in aviation that aligns state and federal standards. It provides needed clarity for VAI and its members, allowing them to focus on safe and efficient operations without additional requirements imposed by the state.
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About Cades Schutte LLP
Cades Schutte is a full-service law firm with over 80 attorneys, providing superior service in over 40 practice and industry areas from our main office in Honolulu and offices in Kahului, Kona, Līhu‘e, and Waimea. Since the founding of our firm in 1922, Cades Schutte attorneys have been called on to serve as counsel in some of the most notable cases and transactions in the State of Hawai‘i.
Cades Schutte offers a wide range of corporate and personal legal services with an emphasis on business counseling. The firm is proud to serve local, national, and international clients, and regularly handles estate planning, tax, real estate, finance, and civil litigation matters.
Cades Schutte is organized into four departments—Finance, Real Estate, and Corporate; Litigation; Tax; and Trusts and Estates—but departmental lines are fluid. Cades Schutte attorneys from different departments routinely collaborate on projects to benefit the firm’s clients. This approach provides a full array of the firm’s expertise and experience.
The firm has adopted a democratic style of management in which the strategic direction and vision for the firm are developed by its partners, and headed by its Management Committee.
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808.521.9257
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