Attorney General Opinions

Article 8, titled "Nuclear Energy", of chapter 14 of Hawaii County Code and proposed amendment to the article, that would prohibit the transportation into or storage of any radioactive material that could be used, e.g., in an irradiation facility, were preempted by the Atomic Energy Act of 1954. Att. Gen. Op. 99-1.

Law Journals and Reviews

Hawaiian Self-Determination: A Need for Debate. III HBJ No. 13, at pg. 121.

Case Notes

Supremacy.

No implied preemption of state mooring and anchoring regulations where congressional intent to preempt state action is not clearly manifest, federal regulation has not occupied the field of navigation, and the federal interest in navigation is not so dominant as to assume federal preemption of state laws. 42 F.3d 1185.

No preemption of state mooring and anchoring regulations by Submerged Lands Act where there was no actual conflict between federal Act and Hawaii's regulations. 42 F.3d 1185.

Act 243 [L 1995] preempted by Newspaper Preservation Act, because Act 243 intruded upon a field preempted by Congress; plaintiffs’ preemption claim was ripe. 103 F.3d 742.

Device implanted in plaintiff’s leg had no requirements imposed upon it by Medical Device Amendments to Federal Food, Drug, and Cosmetic Act or Food and Drug Administration which would preempt state tort claims. 841 F. Supp. 327.

Where plaintiffs filed motion for preliminary injunction regarding Act 359 of 1993 Hawaii legislature (relating to Hawaiian sovereignty), as amended in 1994 and 1996, no supremacy clause violation found regarding native Hawaiian vote. 941 F. Supp. 1529.

Complaint did not allege conduct which would constitute state tort exception to area of labor relations otherwise preempted by federal law. 65 H. 189, 649 P.2d 1119, cert. denied, 461 U.S. 904; 73 H. 276, 831 P.2d 1335.

Implied warranty claim not preempted by Medical Device Amendments to Federal Food, Drug, and Cosmetics Act. 74 H. 1, 837 P.2d 1273.

Federal Aviation Act did not preempt state’s power, under §239-6, to tax gross receipts attributable to the ground transportation portion of air packages that common carrier transported interisland and/or between Hawaii and the mainland. 88 H. 336, 966 P.2d 648.