8 Alb. Govt. L. Rev. 029 (2015)
Robert A. Heverly
The federal government controls the flying skies. Little room
in the realm of airspace regulation is available for states to
address questions relating to airplane safety, operations, and
services. The question of how that state of affairs arose involves
a historical narrative of technological development, national
assertions of supremacy, political and professional maneuverings,
and the strongly asserted analogy of airspace to navigable
waterways.
In this essay we will outline the various actions that states are
likely permitted to take. We will also discuss the legal
environment within which these decisions must be made, and
especially the legal uncertainties that exist. We will also discuss
the reasons why taking certain actions may or may not benefit
states and their citizens, taking into account a variety of
perspectives relating to economic opportunities, market
conditions, safety, privacy, public concerns, and technological
opportunities.