Full opinion text
MEMORANDUM OF DECISION MARK R. KRAVITZ, District Judge. This case raises important questions regarding the extent to which Congress intended federal regulation of aviation safety to preempt generally applicable state and local environmental laws. Plaintiff Good-speed Airport, LLC, the owner and operator of Goodspeed Airport (hereinafter “Goodspeed” or “the Airport”) in East Haddam, Connecticut, seeks a declaration that two Connecticut environmental laws— the Inland Wetlands and Watercourses Act (the “Wetlands Act”), Conn. Gen.Stat. §§ 22a-36 through 22a-45, and the Connecticut Environmental Protection Act (the “CEPA”), Conn. Gen.Stat. §§ 22a-14 through 22a-20 — are preempted by federal aviation law insofar as the state statutes require Goodspeed to obtain a permit before removing certain trees located at the Airport. Goodspeed claims that the trees are “obstructions to air navigation” under Federal Aviation Administration (FAA) regulations, making them potential hazards to aeronautical safety that the Airport is obligated to remediate. However, because the trees are located in wetlands protected by the Wetlands Act and the CEPA, Goodspeed is required to obtain permission of the Town of East Haddam’s Inland Wetlands and Watercourses Commission (the “Wetlands Commission”) before trimming or removing the trees. If Goodspeed undertakes the trimming or removal of these trees without the required permit, the Airport could be subjected to civil liability and substantial fines under the Wetlands Act and the CEPA. After considering evidence presented at a bench trial, and as explained below, the Court concludes that in the particular circumstances of this case, federal regulation of airport safety does not preempt state and local environmental laws in the manner in which Goodspeed asserts. The Court emphasizes that it does not take the Airport’s safety concerns lightly, and it does not mean to suggest that the obstructing trees ought to be ignored — there do appear to be a number of trees that pose legitimate safety concerns. But if Goodspeed wishes to remove the trees that it believes are obstructions, it will need to seek a permit to do so from the Wetlands Commission, which may, consistent with state law, impose conditions designed to mitigate degradation of the wetlands. PROCEDURAL HISTORY Goodspeed filed this action on June 6, 2006 against the East Haddam Wetlands Commission; its enforcement officer, James Ventres; and Gina McCarthy, in her official capacity as the Commissioner of the Connecticut Department of Environmental Protection (DEP). See Compl. [doc. # 1]; Am. Compl. [doc. # 30-2]. Goodspeed sought a declaratory judgment that once trees at the Airport constitute “obstructions to air navigation,” local and state agencies are prohibited from interfering with whatever action Goodspeed wishes to take to remediate those obstructions. It asked further that the Defendants be enjoined from bringing any future action related to the removal of any tree that would qualify as an “obstruction to air navigation” under FAA regulations. See Am. Compl. [doc. # 30-2] at 8. In October 2008, all Defendants moved to dismiss the Amended Complaint, arguing that it failed to alleged a “case or controversy” ripe for adjudication, as required by Article III, Section 2 of the U.S. Constitution. See Mots, to Dismiss [docs. # 61-62], The DEP also asserted that Goodspeed’s claims against Ms. McCarthy in her official capacity were barred by the Eleventh Amendment to the U.S. Constitution. See Mot. to Dismiss of Def. DEP [doc. # 61]; see also Nevada Dep’t of Human Res. v. Hibbs, 538 U.S. 721, 726, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003) (“[T]he Constitution does not provide for federal jurisdiction over suits against nonconsenting States.”). The Court held oral argument on the motions to dismiss, after which it denied the motion of the Wetlands Commission and Mr. Ventres, because it was apparent that there was a real and live controversy between Goodspeed and local officials, and obtaining a declaratory ruling before the trees were actually removed seemed the preferable course of action for all concerned, including the trees. See Order [doe. # 88]. During oral argument, and in light of the very important issues of state law and policy at stake, the Court urged the State of Connecticut to reconsider its assertion of an Eleventh Amendment defense so that it could participate fully in this action. Nonetheless— and much to the Court’s chagrin — the State notified the Court that it was “disinclined” to waive its Eleventh Amendment defense. See Notice [doc. # 90], In effect, the State voluntarily absented itself from this case even though it raised important issues regarding state law, leaving the Town on its own to defend state laws. In view of the State’s position, the Court granted its motion to dismiss on the basis of the Eleventh Amendment. See Goodspeed Airport, LLC v. East Haddam Wetlands Comm’n, et al., 632 F.Supp.2d 185, 189-90 (D.Conn.2009). Also during oral argument, the Court suggested that it would seek the opinion of the FAA on Goodspeed’s preemption claims. The Airport and the remaining defendants, the Wetlands Commission and James Ventres (hereinafter referred to collectively as simply “Defendants” or “the Wetlands Commission”), agreed that the FAA’s views could be useful. The parties were therefore asked to collaborate on producing a set of stipulated facts and proposed questions that the Court could submit. See Order [doc. # 88]; see also Parties’ Proposed Questions [doc. # 92], Accordingly, on August 4, 2009, the Court sent a letter to the U.S. Attorney’s Office for the District of Connecticut requesting that the FAA and/or the U.S. Government answer a series of questions related to Goodspeed’s claims. See Letter [doc. # 95]. Those questions were: 1. Does 49 U.S.C. § 40103(a)(1) of the Federal Aviation Act completely preempt Conn. GemStat. §§ 22a-42a(a) and (c)(1) and the regulations promulgated thereunder regulating wetlands in the State of Connecticut? 2. Does 49 U.S.C. § 40103(a) of the Federal Aviation Act completely preempt Connecticut’s Environmental Protection Act, Conn. Gen.Stat. § 22a-16? 3. Does 49 U.S.C. § 41713(b)(1) of the Airline Deregulation Act completely preempt Conn. Gen.Stat. §§ 22a-42a(a) and (c)(1) and the regulations promulgated thereunder regulating wetlands in the State of Connecticut? 4. Does 49 U.S.C. § 41713(b)(1) of the Airline Deregulation Act completely preempt Connecticut’s Environmental Protection Act, Conn. Gen.Stat. § 22al6? 5. Does 49 U.S.C. § 41713(b)(1) of the Airline Deregulation Act apply to Goodspeed Airport? 6. To what extent is a licensed, privately-owned and operated commercial airport that receives no federal funds or aid bound by or subject to the FAA regulations set forth in 14 C.F.R. Part 77? 7. To what extent is the FAA interested in issues concerning terrain growth into navigable airspace at a licensed, privately-owned and operated commercial airport that receives no federal funds or aid? Id. A few days before a bench trial, on November 30, and pursuant to 28 U.S.C. § 517, the United States submitted a Statement of Interest that addressed the Court’s questions. See Statement of Interest of the United States (“Statement of Interest”) [doc. # 112]. The Statement of Interest is discussed in more detail below, but in brief, it stated that while “[t]he FAA has a strong interest in monitoring terrain growth on airport property as it relates to air safety,” the Federal Aviation Act “does not facially preempt generally applicable state environmental laws,” including the Wetlands Act and the CEPA. Id. App. A at 1-2. The United States also confirmed that Part 77 of the FAA regulations does apply to Goodspeed Airport, but that those regulations do not authorize the FAA to order the removal of an obstruction. See id. at 2 (“The regulations do not amount to a federal directive to an airport proprietor to remove the obstruction or hazard in question, nor to a grant of power to an airport proprietor to do so.”). Finally, the Statement of Interest opined that the Airline Deregulation Act does not expressly preempt the state laws at issue because they “do not have a significant effect on the operations of air carriers at Goodspeed Airport.” Id. at 1-2. The State of Connecticut also sought permission to file an amicus curiae brief on behalf of the Defendants. See Mot. for Leave to File Amicus Curiae Br. [doc. # 98]. The Court granted the State’s request, see Order [doc. # 101], and the State filed its brief, though the majority of the brief focused on conflict preemption, see Amicus Curiae Br. of the State of Connecticut [doc. # 108] — a claim that Goodspeed has explicitly not pursued in this case. See PL’s Pre-Trial Br. [doc. # 107] at 12 n. 6. On December 4, 2009, the Court held a one-day bench trial. At trial, Goodspeed submitted some thirty exhibits and the live testimony of five witnesses. See Ex. Lists [docs. # 114, 115]; Witness List [doc. # 115]. First to testify was Timothy Mellon, the sole member of Plaintiff Goodspeed Airport, LLC, which purchased the Airport in 1999. Mr. Mellon is also a pilot licensed by the FAA, the owner of two aircraft, and the former owner and operator of an air carrier. Mr. Mellon testified that at least since he has owned the Airport, it has not received any federal funding, and that while Goodspeed does not have any regularly-scheduled passenger service, the Airport is utilized by privately-owned aircraft and an air charter (or “air taxi”) operation, Action Airlines. Mr. Mellon said that the Airport has between 25 and 30 daily departures and arrivals in the summer and approximately 5 to 6 per day in the winter. Goodspeed charges $5 per-landing and a $10 fee for storing a plane overnight. Mr. Mellon stated that as the owner, he is responsible for the Airport’s upkeep, which includes maintaining the integrity of the runway surface; keeping wildlife off the runway; ensuring that the Airport is properly lit; and monitoring the security of its hangars, fences, and gates. The Airport does not have a control tower, and does not have prescribed instrument procedures. Therefore, arrivals and departures are typically accomplished pursuant to visual flight rules. The Airport is self-controlled by those using it; there is no employee located at the airport on a regular basis. Mr. Mellon explained that pilots are permitted to land and depart in either direction of the Airport’s single paved runway, which runs in a general north-south orientation. Goodspeed Airport has what is defined as a “utility runway,” accommodating propeller-driven aircraft weighing 12,500 pounds or less. See 14 C.F.R. § 77.2. No matter which direction an aircraft is flying, the pilot must navigate certain “obstructions” — primarily trees and other vegetation, but also, in regards to a northern approach, a bridge. Goodspeed Airport is situated on the eastern bank of the Connecticut River, and is surrounded by marshland. The Airport also serves as a seaplane base for aircraft arriving and departing on the river. Mr. Mellon said that the trees that primarily concern him are located on either side of the runway near its southern end. Mr. Mellon stated his belief that these trees constitute threats to the safe operation of the Airport, and that he has both a legal and moral obligation to make the Airport as safe as possible. He acknowledged that the trees have been growing on the Airport property for decades — long before he purchased the Airport — and have long constituted “obstructions” under FAA regulations. Some of the trees are in excess of 50-60 feet in height. But Mr. Mellon said that because he believes the trees make the Airport unsafe, he feels compelled to remove them entirely; or, at the very least, to cut them down to the point where they would no longer be considered obstructions — which, in many cases, would require cutting the trees to the ground. Moreover, he does not wish to seek permission from the Wetlands Commission, which may require him to undertake mitigation efforts to minimize damage to the wetlands. Rather, Mr. Mellon wants to remove the trees at whatever time and in whatever manner he deems appropriate. Mr. Mellon also explained that the Airport is licensed by the State of Connecticut, which issues such licenses every three years. And although he acknowledged that Goodspeed’s license was most recently renewed by the State in June 2009 after an inspection by the Connecticut Department of Transportation (DOT) in late 2008 or early 2009, Mr. Mellon testified that the State has implicitly threatened to revoke Goodspeed’s license if the tree obstructions are not remedied. This implicit threat, according to Mr. Mellon, is contained in letters sent by DOT to a prior owner of the Airport in the late 1970s and early 1980s. See Trial Ex. 6. Mr. Mellon conceded, however, that neither the DOT nor the FAA has ordered him to lower the trees or given him any indication that it intends to take any action to close the Arport if the trees are not removed or trimmed. Mr. Mellon also confirmed that he has not applied to the Wetlands Commission for a permit to trim or remove the trees, but stated that if he were to apply, and were his application denied, one option that he would consider would be closing the Arport. If he took that option, the aircraft that currently use Goodspeed Airport would be forced to use other area airports. On cross-examination, however, Mr. Mellon stated that another alternative to removing the trees would be to use what is known as a “displaced threshold.” Instead of utilizing the entire length of the runway, aircraft would treat a line painted across the runway some distance from its paved end as the effective end of the runway. This line — the “displaced threshold” — would effectively shorten the usable portion of the runway, but it would permit aircraft sufficient clearance over the obstructing trees. See Trial Ex. 9 (W. Stannard Dep.) at 20-23 (discussing displaced thresholds). According to Mr. Mellon, however, shortening the runway in this manner would make the runway less safe for arriving and departing aircraft; he therefore stated that he would use a displaced threshold only “reluctantly and hopefully temporarily.” Mr. Mellon also confirmed that even were he to remove the obstructing trees located on the Arport property, other trees on the property of adjacent homeowners would still be considered “obstructions” due to their height and location, see PL’s Ex. 13a (Airport Survey), but Mr. Mellon disavowed any authority to remove or trim the trees located on his neighbors’ properties. Next to testify was Donald L. Gesick, Jr., a professional land surveyor. Mr. Gesick’s testimony introduced a survey that he conducted of the Airport. His report plotted the location, girth, and height of the trees and shrubbery on the Arport property, as well as the precise locations of its runway and hangars. The Court has attached a slightly-modified version of Mr. Gesick’s final survey, see Trial Ex. 13b (Arport Survey dated June 19, 2006, revised July 1, 2008), as Appendix A to this opinion. Ater Mr. Gesick completed the Airport Survey, it was then used by James B. Downar, Jr., an expert on airport design and safety, to calculate which of the trees constituted “obstructions to air navigation.” Mr. Downar’s analysis applied the definitions contained in Part 77 of the Federal Aviation Regulation (FAR), 14 C.F.R. Part 77, which are explained in more detail below. Applying the measurements in FAR 77 to Mr. Gesick’s survey, Mr. Downar calculated that a great number of trees (including an entire tree line) on Goodspeed’s property are indeed “obstructions to air navigation” — some by more than 50 feet. Mr. Downar and Mr. Gesick also suggested that, although they did not explicitly consider the Airport’s hangars in their respective analyses, the hangars may also technically count as “obstructions,” depending on their height (which is not in the record). Mr. Downar confirmed that lowering the trees to the point at which they would no longer be considered obstructions would involve, at least in many situations, effectively cutting them to the ground. However, Mr. Downar, who has conducted obstruction analyses at a number of area airports, see Trial Ex. 16 (List of Obstruction Studies), and who said that he has worked with wetlands commissions in other states on removing trees as obstructions, also testified that tree obstructions are a “fact of life” with most airports, including utility airports, and that they are tolerated to varying degrees depending on them relative impact on the safety of the airport. As to Goodspeed Airport, Mr. Downar testified that in his expert opinion, the tree obstructions do not pose such a risk to its safety that the Airport should be shut down. In fact, he testified that he was not aware of the FAA ever shutting down an airport because of tree obstructions. He emphasized, though, that the obstructions should not simply be ignored, especially a few particularly inconveniently-located trees. Mr. Downar also noted two alternatives to removing the trees. First, the airport could use a displaced threshold. Second, the airport could light the trees so that they would be more visible to pilots in low-light situations. To date, Mr. Mellon has not lit the trees that he considers obstructions. Mr. Downar also confirmed that simply because a tree or other object constitutes an “obstruction to air navigation” does not automatically render it a “hazard to air navigation” under FAA regulations. In his experience, an “obstruction” only becomes a “hazard” after the FAA has made that determination; to his knowledge, the FAA has made no hazard determination as to any obstruction located at Goodspeed Airport. Mr. Downar further confirmed that the FAA has no authority to order the removal of trees or other obstructions from airports, though they may, in appropriate circumstances, condition licensing or funding on removal or the trees or obstructions. Goodspeed’s final witness was John A. Rutledge, Jr. Mr. Rutledge is the owner of JIB, Inc., which does business as Action Airlines. JIB, Inc. is an air carrier licensed by the FAA under Part 135 of the Federal Aviation Regulations, 14 C.F.R. Part 135. See Trial Ex. 21 (JIB, Inc. Part 135 Air Carrier Certificate). Action Airlines currently has one airplane with the capacity to carry six individuals (including the pilot). The airplane is stored at Good-speed Airport, and Action Airlines has operated out of Goodspeed Airport as a Part 135 air carrier since 1979. Currently, Mr. Rutledge is Action Airlines’ only full-time employee. In addition to being a licensed pilot for more than 50 years, Mr. Rutledge is a pilot instructor and previously served for a number of years as a pilot examiner on behalf of the FAA. He has the further distinction of being one of the relatively few pilots to receive the Wright Brothers Award, an award that the FAA gives to pilots who have flown for at least 50 years without an accident or regulatory violation. See Trial Ex. 22 (Rutledge Wright Bros. Award). Mr. Rutledge, whose home and office are adjacent to Goodspeed, has been flying into and out of the Airport since shortly after it opened in the mid-1960s. He described Action Airlines as essentially an “airborne limousine service,” providing point-to-point transportation to and from airports in the region. Fees for this service are set either on a per-mile or per-hour basis. Mr. Rutledge estimated that in the first 11 months of 2009, Action Airlines had transported approximately 300 to 400 individuals. Mr. Rutledge said that, given his experience with the Airport, he does not consider the tree obstructions to be a safety concern; indeed, he testified that he did not believe Goodspeed Airport to be unsafe at all, and that he has every intention of continuing to operate Action Airlines out of the Airport in the future regardless of whether the trees are trimmed or removed. He did note, however, that the trees could pose a concern for less experienced pilots while they are landing, because the trees — especially those that line the Connecticut River — block the wind that typically blows in from the west and southwest, perpendicular to the Airport’s runway. Mr. Rutledge explained that once a landing aircraft drops below the trees, the intensity of the crosswind is significantly lessened, which inexperienced pilots may not anticipate and which could contribute to an airplane landing short of the runway’s edge. Mr. Rutledge testified that he believed that this was a cause of the last accident that occurred at Good-speed Airport, in 1999. See Trial Ex. 8 (Hartford Courant article). Mr. Rutledge noted, however, that trees and buildings create the same issue at other Connecticut airports, and that in his substantial experience at Goodspeed Airport, there have been very few accidents. Mr. Rutledge also testified that lighting the trees could alleviate at least some of the safety concerns with using the Airport at night, but that a displaced threshold could impact the operation of Action Airlines, depending on how much shorter it made the runway. Were the runway shortened too much, he may have to limit the weight of his airplane’s cargo (be it passengers, luggage, or fuel) in order for the airplane to be able to clear any obstacles during takeoff or for it to stop on the shortened runway. Finally, Mr. Rutledge said that in the event that Goodspeed Airport closed, he would relocate his air taxi service to any number of different airports in the area. Relocation would affect the fees Action Airlines charges for its services, since its clients would have to pay for the additional time Mr. Rutledge spent commuting to and from this alternate location. Following Mr. Rutledge, the Defendants called Defendant James Ventres as their only witness. Mr. Ventres is the land use administrator for the Town of East Had-dam, and his duties include serving as the enforcement officer for Defendant Wetlands Commission. Mr. Ventres has held that position since 1995; prior to that, he served as a member of the Wetlands Commission from approximately 1983. Mr. Ventres testified that Goodspeed Airport has two types of wetlands regulated by the Wetlands Act. The entire Goodspeed Airport sits on a designated flood plain, and is sometimes completely under water. Additional portions of the airport are also considered the more traditional “wetlands” due to the soil’s typical moisture level. Mr. Ventres said that while Goodspeed did submit an application to the Wetlands Commission for permission to extend the Airport’s runway in 2002 or 2003, that application was withdrawn without an official explanation and before the Wetlands Commission had made a final determination. Goodspeed Airport has not submitted a permit application to the Wetlands Commission since. Mr. Ventres testified that in recent years the Wetlands Commission has approved applications to remove and/or trim trees and other vegetation in regulated wetlands; he gave as an example a developer that was permitted to construct a golf course that traversed regulated wetlands. Upon consideration of the application, the Wetlands Commission permitted the construction to take place under certain conditions meant to minimize and mitigate its environmental impact, including refraining from using large equipment; leaving stumps of felled trees in place; and undertaking the regulated activity when the ground was frozen. Mr. Ventres — who, as the Wetlands Commission enforcement officer, does not vote on permit applications — explained that the Wetlands Commission regulations set forth various requirements for applications and certain criteria that the Commission must take into account when considering applications. See Trial Ex. 501 (Regulations of the Town of East Haddam Inland/Wetlands and Watercourses Commission (revised Oct. 1, 2004)). In considering an application, the Wetlands Commission considers whether there are “reasonable and prudent alternatives” to the proposed activity that would cause “less or no environmental impact to the wetlands or watercourse.” See id. § 10.2(b); see also Conn. Gen.Stat. § 22a-41(a)(2). In applying this standard, the Wetlands Commission will frequently attach conditions to its approval of an application, such as requiring that the activity take place in specific times of the year, using certain methods designed to minimize impact, replacing the removed vegetation with other trees or shrubs that will continue to hold the soil in place, and/or utilizing other mitigation techniques. See generally Conn. GemStat. § 22a-41(a). On cross-examination, Mr. Ventres acknowledged that since Good-speed has not submitted an application, he cannot speculate what it would be permitted to do regarding the trees it wishes to remove and/or trim. Mr. Ventres also agreed that the Wetlands Commission application process can last several months. Following the testimony, Plaintiffs exhibits 1 through 30 were admitted as full exhibits, as was Defendants’ Exhibit 501. See Trial Ex. Lists [docs. # 114-115]. One of Plaintiffs exhibits is the deposition testimony of Warren Stannard. See Trial Ex. 9 (May 12, 2003 Stannard Dep.); Trial Ex. 9a (exhibits to Stannard Dep.). The deposition was taken for previous actions involving these parties, Ventres et al. v. Goodspeed Airport, et al., Nos. TTDCV01-76812-S, HHD-CV01-4025085-S (Conn.Super.Ct. filed Apr. 23, 2001); Rocque v. Mellon, et al., Nos. TTD-CV0280540-S, HD-CV02-4025413-S (Conn.Super.Ct. filed Dec. 2, 2002). At the time of the deposition, Mr. Stannard was the Supervising Airport Engineer in the DOT’s Bureau of Aviation and Ports, and was responsible for inspecting all of Connecticut’s airports, including Goodspeed. See Trial Ex. 9 (Stannard Dep.) at 10-13. Following the deposition but before the trial in this case, Mr. Stannard retired and moved out of Connecticut. See Joint Trial Mem. [doc. # 96] at 10. Under these circumstances, the Court permitted Mr. Stannard’s deposition testimony to be marked as a full exhibit. See Fed.R.Evid. 804(b)(1). FINDINGS OF FACT Pursuant to Rule 52 of the Federal Rules of Civil Procedure, the Court makes the following findings of fact, which are drawn from the stipulation of uncontroverted facts in the parties’ Joint Trial Mem. [doc. # 96]; the exhibits introduced at trial, see Trial Ex. Lists [docs. # 114, 115]; and the live testimony at trial, see Witness List [doc. # 115]. Other findings of fact will be introduced as necessary. Goodspeed Airport, located in East Had-dam, Connecticut, is a small, privately-owned airport open for public use, as defined by 14 C.F.R. § 77.2. The Airport was established in 1964 and maintains a “utility runway,” which is intended to accommodate propeller-driven aircraft weighing 12,-500 pounds or less. See 14 C.F.R. § 77.2. Approaches to the Airport are governed solely by visual (as opposed to instrument) flight rules. See id. The Airport does not provide regularly-scheduled passenger service and does not receive any federal funds or aid. As a consequence, the Airport does not have (and is not required to have) a certificate issued by the FAA under Part 139 of the Federal Aviation Regulations. In fact, because Goodspeed does not serve scheduled air carrier operations, the FAA apparently does not have the statutory authority to directly license or certify Goodspeed Airport at all. See 49 U.S.C. § 44706(a)(2) (granting the FAA the authority to certificate airports serving scheduled air carrier operations using aircraft of at least 10 passenger seats, except in Alaska); see also id. § 44706(a)(3) (“Nothing in this title may be construed as requiring a person to obtain an airport operating certificate if such person does not desire to operate an airport [serving scheduled air carrier operations].”). Instead, Goodspeed Airport is licensed and regulated by the State of Connecticut. Within Connecticut, jurisdiction over and responsibility for airports have been entrusted to the Commissioner of the Department of Transportation (hereinafter, “the Commissioner”). See Conn. Gen.Stat. § 13b — 39; Conn. Air Serv. v. Danbury Aviation Comm’n, 211 Conn. 690, 696, 561 A.2d 120 (1989) (“[T]he legislature ... has charged the commissioner of transportation with the supervision and control of virtually every aspect of aeronautical activity conducted within the state, including that carried out at a municipal level[;] ... such supervision and control is principally a state function and duty.”). The Commissioner is given the authority to issue and renew airport licenses, which are effective for three years, see Conn. Gen.Stat. § 13b-46(b), and to revoke licenses upon a determination that an airport “is not being maintained or used in accordance with” Connecticut’s statutes and regulations regarding aviation. Id. § 13b-49; see also Conn. Agencies Regs. § 15-41-27. Any air navigation facility at which more than 36 takeoffs and landings are expected to be made in any year must obtain a license. See Conn. Gen.Stat. § 13b-46(a). Pursuant to specific statutory authority, see id. § 13b-41(b), the Commissioner has promulgated various regulations related to the safety of Connecticut’s airports. See Conn. Agencies Regs. §§ 15-41-18 through 15-41-35. Goodspeed’s license was last renewed in approximately June 2009, and is currently valid through May 1, 2011. See Trial Ex. 3 (Goodspeed Airport License). The record suggests that Good-speed has remained licensed and operational without interruption since opening in 1964, despite the continual presence of trees that constitute “obstructions.” The Connecticut General Assembly has also given the Commissioner the authority to require landowners to remove obstacles that “constitute a hazard to aerial navigation or to the efficient or safe use of any airport.” Conn. Gen.Stat. § 15-74(a). An “airport hazard” is defined as “any structure, object of natural growth or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at any airport, heliport or restricted landing area or is otherwise hazardous to such landing or taking-off.” Id. § 15-34(8). The Commissioner also may condition the approval of an airport license on the removal of an obstacle “at or near the landing area.” Id. § 15-74(b). If such a condition is imposed, the applicant for the airport license is required to compensate the owner of the obstacle for its removal. See id. Goodspeed has not provided any evidence that the Commissioner has ever required Goodspeed or any nearby landowner to remove any obstacle or airport hazard. Although not licensed by the FAA, Goodspeed Airport must participate in the “Airport Safety Data Program.” This program was established in 1981 by FAA Order 5010-4, which describes it as “the primary means for collection, maintenance and dissemination of information related to public-use airports.” State agencies throughout the country collect this information through “5010 Inspections.” In Connecticut, according to Mr. Stannard, the DOT conducts the inspections approximately once every three years. See Trial Ex. 9 (Stannard Dep.) at 11. During the inspection, the DOT inspector collects basic technical information about the airport (runway length, services offered, etc.), as well as safety-related information, including data on obstructions, as defined in Part 77 of the FAA regulations. See generally id. at 10-34. This information is submitted to the National Flight Data Center, see id. at 14, which then updates the “Airport Master Record” for every public-use airport in the country. The Airport Master Records are published in the FAA’s “Airpori/Facilities Directory,” as well as in other FAA publications and on the internet. The information in the Directory is used primarily by pilots flying into an unfamiliar airport for the first time. The definitions and standards for determining what constitutes an “obstruction to air navigation” are found in Part 77 of the Federal Aviation Regulations (FAR), 14 C.F.R. Part 77. The FAA promulgated these regulations pursuant to a Congressional directive. See 49 U.S.C. § 44718(a). The Part 77 regulations — which explicitly apply to “objects of natural growth,” 14 C.F.R. §§ 77.5(a), 77.21 — state in relevant part that an object is considered “an obstruction to air navigation” if it is of greater height than any one of several imaginary surfaces. See id. § 77.23(a)(5). One of those imaginary surfaces is called the “primary surface.” See id. § 77.25. The length of the primary surface extends 200 feet beyond each end of the runway. See id. § 77.25(c). For utility airports with only visual approaches such as Goodspeed, the primary surface is 250 feet wide, longitudinally centered on the center of the runway (that is, extending 125 feet on either side of the center line of the runway). See id. § 77.25(c)(1). Since the runway at Goodspeed is 50 feet wide, see Trial Ex. 5, this means that the primary surface is 75 feet wider on each side of the paved portion of Goodspeed’s runway. Also relevant here are the “approach surface” and the “transitional surface.” The “approach surface” is applied to each end of the primary surface, and for an airport such as Goodspeed, it is 1250 feet wide and extends for a horizontal distance of 5,000 feet at a slope of 20-to-l (that is, 20 feet up for every 1 foot out). See 14 C.F.R. § 77.25(d). The “transitional surface” is shaped like a trapezoid; it flares upwards and outwards at right-angles from the edge of the primary surface to 1250 horizontal feet at a slope of 7-to-l. See id. § 77.25(e). Together, the primary surface, approach surface, and the transitional surface create what is, in essence, a “bowl” of airspace, and any object — including a tree — that penetrates any of these imaginary surfaces is considered, by definition, an “obstruction to air navigation.” See id. § 77.23(a)(5). The parties have stipulated that certain of the trees at Goodspeed penetrate both the “primary surface” and the “transitional surface” such that they are “obstructions to air navigation” under Part 77. See Joint Trial Mem. [doc. # 96] at 4. The testimony of Mr. Gesick and Mr. Downar supports this stipulation, as well as the conclusion that the trees also penetrate the “approach surface.” See Trial Exs. 18a-18b (Downar Obstruction Calculation Charts). A review of the DOT inspections of Goodspeed over the past 30 years reveals that the Airport has long experienced substantial tree obstructions. See Trial Exs. 5-7, 23-30. However, Good-speed is not unique in this regard, even within Connecticut; in fact, the vast majority of airports in the State have obstructions (mostly trees), which appear to be a chronic problem for all airports. See generally Conn. Statewide Airport System Plan (June 2006), available at http://www. ct.gov/dotAib/doVdocuments/dpolicy/table_ contents.pdf (discussing obstructions at each of Connecticut’s public-use airports); see also id. § 7-8 (suggesting, as a way to address obstructions, legislation “to specify permitted land uses and zoning to include height restrictions”). The crux of this case turns in large part on the import of the determination that the trees at Goodspeed are “obstructions” under Part 77. Significantly, nothing in either Part 77 or its authorizing statute, 49 U.S.C. § 44718, grants the FAA the power to regulate how land is used insofar as structures that may penetrate navigable airspace are concerned. In other words, the FAA cannot require that a structure or object be altered or removed, even if it is an obstruction; instead, the regulations focus on studying potential hazards and giving notice to interested individuals. Thus, for example, Part 77 requires notice to be given to the FAA of any proposed structure that would be more than 200 feet above ground level at its site, see 14 C.F.R. § 77.13(a)(1), as well as any proposed construction or alteration that would be of greater height than an imaginary surface extending outward and upward from any public use airport’s runway at certain slopes (depending on the length of the runway). See id. § 77.13(a)(2). Similarly, any proposed construction or alteration of an airport itself requires notice to be given to the FAA, either under § 77.13(a)(5) or Part 157. Once the FAA has been given notice under Part 77, the FAA’s Obstruction Evaluation Service has the responsibility for conducting an “obstruction evaluation” to determine the effect, if any, that the proposed construction or alteration would have on navigable airspace. See FAA Order JO 7400.2G, “Procedures for Handling Airspace Matters” § 5-1-5 (amended Aug. 27, 2009), available at http://www.faa.gov/ air_traffic/publications/atpubs/AIR/ INDEX.HTM. The result of a study under Part 77 “is normally a determination as to whether the specific proposal studied would be a hazard to air navigation.” 14 C.F.R. § 77.31(b). But even when the Obstruction Evaluation Service determines that the proposed construction or alteration would result in a “hazard to air navigation,” the FAA has no authority to require the proposal to be altered. Rather, the hazard is noted in FAA publications (including, if applicable, the relevant Airport Master Record) so that pilots and other affected individuals are made aware of it. See Aircraft Owners and Pilots Ass’n v. FAA, 600 F.2d 965, 966-67 (D.C.Cir.1979) (“Once issued, a hazard/no-hazard determination has no enforceable legal effect. The FAA is not empowered to prohibit or limit proposed construction it deems dangerous to air navigation.”). Likewise, when the FAA is given notice under Part 157, the FAA’s Airports Division conducts an “airport airspace analysis.” See FAA Order JO 7400.2G § 12-1-1. This analysis considers: [T]the effects the proposed action would have on existing or contemplated traffic patterns of neighboring airports; the effects the proposed action would have on the existing airspace structure and projected programs of the FAA; and the effects that existing or proposed man-made objects and natural objects within the affected area would have on the airport proposal. 14 C.F.R. § 157.7(a). The airport airspace analysis results in a “determination” of the proposal — either “no objection,” “conditional,” or “objectionable” — but no matter the outcome of the analysis, the regulation is explicit that “[a] determination does not relieve the proponent of responsibility for compliance with any local law, ordinance or regulation, or state or other Federal regulation. Aeronautical studies and determinations will not consider environmental or land use compatibility impacts.” Id.; see also Air Line Pilots’ Ass’n Int’l v. FAA, 446 F.2d 236, 240 (5th Cir.1971) (“[T]he determination promotes air safety through ‘moral suasion’ by encouraging the voluntary cooperation of sponsors of potentially hazardous structures.”). Finally, the FAA also has issued an order that deals with obstruction-related issues with even more specificity. See FAA Order JO 7400.2G, “Procedures for Handling Airspace Matters” (the “FAA Order”). And while Parts 77 and 157 and their authorizing statute, 49 U.S.C. § 44718, seem to apply just to proposals for alterations or new construction projects (as described above), Section 6-1-3 of the FAA Order explains that the FAA does conduct studies of existing structures, including trees, “when deemed necessary by the FAA.” The FAA Order lists several situations “that may require obstruction evaluation of existing structures.” Id. § 6 — 1—3(b). Such circumstances include “[djetermining whether the FAA should recommend that an existing structure be altered or removed” and “[pjroviding technical assistance or information to a person, or government organization (Federal, state or local) expressing an interest in the structure and the FAA’s responsibility associated with the structure’s effect on the safe and efficient use of navigable airspace.” Id. §§ 6-l-3(b)(4) & (9). In addition to the procedures outlined in Part 77 and Part 157, a study of an existing structure may be initiated as a result of “information received or a situation observed”; a “request for study from ... a person with a valid interest in the matter”; and “[ojther situations for which an aeronautical study would be appropriate.” Id. § 6-l-3(a). See also FAA, Obstruction Evaluation/Airport Airspace Analysis, http:// oeaaa.faa.gov (providing more information on the FAA’s “obstruction evaluation” and “airport airspace analysis” procedures). It is undisputed that the FAA has not conducted any study of the trees at Good-speed, much less determined that they are “hazards to air navigation.” But even if the FAA had done so, the FAA has no authority to order that obstructions or hazards be remediated. And unlike airports licensed by the FAA under Part 139, Goodspeed is licensed only by the State of Connecticut, meaning that the FAA could not even condition Goodspeed’s license on the removal of obstructions or hazards. Nor could the FAA place such a condition on the receipt of federal funds, for Good-speed does not receive any. Thus, any potential threat to Goodspeed’s continued licensed operation must come from the DOT’S exercise of its authority to revoke licenses for the failure to “maintain[] or use[]” the Airport “in accordance with” Connecticut’s laws and regulations regarding aviation. Conn. GemStat. § 13b — 49; see also Conn. Agencies Regs. § 15-41-27. From the record, it appears that the closest that DOT has come to revoking Goodspeed’s license was in the late 1970s and early 1980s. See Trial Ex. 6. In a letter dated May 2, 1977, which was sent to a former manager of Goodspeed, the DOT made four “recommendations” for the continued safe operation of the Airport. Chief among them was to “[r]epair or resurface [the] runway and ramp pavement.” See id. (Letter dated May 8, 1978). Aso of concern were broken runway lights and an aircraft that was parked in a location that made it an obstruction to the primary surface. See id. The final recommendation was to “[r]emove or lower trees to the south,” which the DOT had determined constituted obstructions to the approach surface. See id. As to this recommendation, however, the letter noted that “If [removing or lowering the trees] is a problem, you may want to consider a displaced threshold. If you choose this alternative, we would be glad to work with you in determining the proper distance and markings.” Id. The letter concluded by warning Goodspeed that if the recommendations were not carried out by the subsequent inspection, the Airport’s license would be revoked. See id. A letter sent the following year, after another inspection of the Arport, reveals that while the problems with the runway surface had been addressed (albeit inadequately), the trees remained the same height. See Trial Ex. 6 (Letter dated May 8,1978) (“As in the past, the broken and/or loose asphalt on the runway and ramp area still remains to be most serious [problem] .... The Department feels that this condition constitutes a serious hazard to aircraft and their occupants.”). The 1978 letter also ended with the admonition that “if these substandard conditions are allowed to continue, you may jeopardize the license to operate the Goodspeed Arport.” See id. The record is silent as to the next few years, but in a letter dated June 20, 1983, the DOT again warned Goodspeed that the condition of its runway surface, in particular, could jeopardize the Arport’s license. See Trial Ex. 6 (letter dated June 20, 1983). As with the 1977 letter, both the 1978 and the 1983 letters suggested that Goodspeed consider a displaced threshold if it could not lower or remove obstructing trees. Although not discussed during the testimony, sometime prior to an inspection on April 11, 1984, Goodspeed did, in fact, adopt a displaced threshold of 340 feet at its runway’s southern end. See Trial Ex. 23 (DOT Landing Area Inspection Report dated April 11, 1984). With the displaced threshold installed, the approach ratio was returned to a 20-to-l ratio. See id. DOT Landing Area Inspection Reports from 1985 and 1988-1991 also state that the threshold of the southern runway was displaced. See Trial Exs. 7, 9a, 23-26. The DOT Landing Area Inspection report from 1992 does not mention a displaced threshold, see Trial Ex. 27, and the Airport does not utilize one today, but the record is silent as to why the displaced threshold was abandoned. In the ordinary case, of course, an airport owner is generally free to remove or lower trees that are on airport property without an order from DOT. In this case, however, the parties have stipulated that the trees at Goodspeed Airport, including those that constitute Part 77 obstructions, are located within wetlands protected by the State of Connecticut through the Wetlands Act, Conn. GemStat. §§ 22a-36 through 22a-45, and the CEPA, Conn. Gen.Stat. §§ 22a-14 through 22a-20. See Joint Trial Mem. [doc. # 96] ¶¶ 13-14. Under Conn. Gen.Stat. § 22a-42, the East Haddam Wetlands Commission is charged with administering the Wetlands Act within East Haddam. See Joint Trial Mem. [doc. # 96] ¶ 3. As a consequence, before undertaking any “regulated activity” within the wetlands — including removing trees and other vegetation, see Conn. GemStat. §§ 22a-38(13> — Goodspeed is required to obtain a permit from the East Haddam Wetlands Commission. See Conn. Gen. Stat. § 22a-42a. The failure to secure a permit before undertaking regulated activity is punishable by a fine. See id. § 22a-42g; Ventres v. Goodspeed Airport, 275 Conn. 105, 150, 881 A.2d 937 (2005). Additionally, removing trees or other vegetation from protected wetlands can constitute “pollution” and/or “destruction” of the wetlands under the CEPA, which grants standing to a variety of individuals to bring claims for equitable relief against the responsible individual(s). See Conn. Gen. Stat. § 22a-16; Rocque v. Mellon, 275 Conn. 161, 170, 881 A.2d 972 (2005). It is undisputed that no one affiliated with Goodspeed has applied to the Wetlands Commission for a permit to remove any trees or vegetation on Airport property. Therefore, it is not possible to speculate as to how the Wetlands Commission would treat such an application. However, Mr. Ventres testified that the Wetlands Commission has granted permits to applicants wishing to cut or trim certain trees within protected wetlands in the past. Goodspeed has not produced any examples of the Wetlands Commission denying a permit request outright, and Mr. Ventres testified that, in his experience, the Wetlands Commission has never done so. That is to say, by its history, the Wetlands Commission does not have a flat prohibition on all trimming or cutting of trees in protected wetlands. In fact, the record suggests that the Wetlands Commission (through its enforcement officer, Mr. Ventres) allowed Goodspeed to trim trees and vegetation in the protected wetlands on numerous occasions in the past, apparently without a permit and without consequence (at least until Goodspeed went beyond merely trimming). See, e.g., DOT Landing Area Inspection Report of Oct. 23, 1994, Ex. J to Trial Ex. 9a (noting that “ea[ch] winter [airport] operator cuts back brush” near the runway’s southern end); Ventres v. Goodspeed Airport, LLC, 275 Conn. 105, 114-15, 881 A.2d 937 (2005) (affirming the trial court’s holdings that Goodspeed Airport had acquired a prescriptive easement to trim trees on adjacent property, but that the Airport had impermissibly exceeded the scope of that easement by clear-cutting the land). Based on the record presented, the Court finds no evidence that the Wetlands Commission would prohibit all trimming or removal of the obstructing trees, although it may impose conditions on such activity to ameliorate damage to the protected wetlands. While Mr. Mellon testified that he believes that the Airport’s license remains under an implicit threat — that either he lower the obstructing trees or the DOT would revoke the license' — the record does not support this supposition. The results of all of the many inspections of Good-speed after 1983 do not contain any suggestion whatsoever that the Airport’s license is in danger of revocation, even while the trees have continued growing and have reduced the approach to the runway’s southern end to a 7-to-l ratio. See Trial Exs. 7, 23-30. Moreover, the DOT letters from 1977, 1978 and 1983 are all explicit that the primary threat to Goodspeed’s license was the poor condition of its runway, and not any Part 77 obstructions. See Trial Ex. 6. To be sure, many of the more recent DOT Landing Area Inspection Reports recommend that Goodspeed continue to trim the surrounding vegetation — as it clearly had been doing, and which it could potentially resume with the permission of the Wetlands Commission— but none of the Inspection Reports suggests that the Airport’s license is in any danger if it did not do so, even as the trees continued to encroach further and further into the imaginary surfaces established by Part 77. Finally, and not insignificantly, both Goodspeed’s expert on airport safety, Mr. Downar, and the pilot with presumably the most experience flying into and out of Goodspeed Airport, Mr. Rutledge, testified that the Airport is not unsafe. Indeed, Mr. Rutledge testified that he has every intention of continuing to base the operation of Action Airlines — the only “air carrier” currently operating out of Good-speed — at the Airport into the foreseeable future. On the basis of the evidence presented, the Court finds that the obstructing trees that Goodspeed wishes to lower or remove do not pose a present-day threat to its continued operation as an airport. CONCLUSIONS OF LAW Goodspeed has brought claims of field preemption and express preemption only. First, it argues that because the Wetlands Act and the CEPA regulate the removal of obstructions in navigable airspace, they are facially preempted by the Federal Aviation Act and the Part 77 regulations promulgated thereunder. See Pl.’s Pre-Trial Br. [doc. # 107] at 21-24. Second, Good-speed argues that the express preemption clause of the federal Airline Deregulation Act (ADA) applies to invalidate the two state statutes because they have an impermissible effect on air carriers utilizing the airport. See id. at 24. Goodspeed is not pursuing any claim of conflict preemption in this case, and therefore the Court expresses no view on that subject. However, as is explained below, the Court disagrees with Goodspeed, and holds that the neither the Wetlands Act nor the CEPA is either field preempted or expressly preempted. A. Implied (Field) Preemption The Supremacy Clause of the United States Constitution, article VI, clause 2, declares that “the laws of the United States ... shall be the supreme law of the land,” thereby “invalidat[ing] state laws that interfere with, or are contrary to, federal law.” Air Transp. Ass’n of Am., Inc. v. Cuomo, 520 F.3d 218, 220 (2d Cir.2008) (internal quotation marks and citation omitted) (hereinafter, “ATA ”). When considering a claim of federal preemption, a court’s principal focus is discerning whether Congress intended to displace an area of state law. See Crosby v. Nat’l Foreign Trade Council, 530 U.S. 363, 372, 120 S.Ct. 2288, 147 L.Ed.2d 352 (2000); Pacific Gas & Elec. Co. v. State Energy Res. Conservation & Dev. Comm’n, 461 U.S. 190, 203, 103 S.Ct. 1713, 75 L.Ed.2d 752 (1983). Congressional intent to preempt state law can be either express or implied. See, e.g., ATA, 520 F.3d at 220-21. Express preemption, discussed in the next section, is present when “a federal statute expressly directs that state law be ousted.” Id. at 220. Implied preemption comes in two varieties, known as field preemption and conflict preemption. Conflict preemption arises when state law “actually conflicts with federal law,” id. at 220, such that it is not possible to comply with both and “state law stands as an obstacle to the accomplishment” of the congressional objective. Hillsborough County v. Automated Med. Labs. Inc., 471 U.S. 707, 713, 105 S.Ct. 2371, 85 L.Ed.2d 714 (1985). Field preemption, on the other hand, is present under circumstances where it is clear that Congress intended for its regulation of a particular area (or “field”) to be the only regulation, to which states and localities may not add or detract. See ATA, 520 F.3d at 221. Courts infer the presence of this congressional intent when “the pervasiveness of the federal regulation precludes supplementation by the States, where the federal interest in the field is sufficiently dominant, or where the object sought to be obtained by the federal law and the character of obligations imposed by it ... reveal the same purpose.” Id. (quoting Schneidewind v. ANR Pipeline Co., 485 U.S. 293, 300, 108 S.Ct. 1145, 99 L.Ed.2d 316 (1988)) (internal quotations omitted). Goodspeed’s field preemption argument is based on the Federal Aviation Act, 49 U.S.C. § 40101 et seq., and the FAA’s regulations on obstructions, codified at 14 C.F.R. Part 77. The task of this Court, then, is two-fold: first, to determine whether Congress intended to occupy the entire field of aviation safety, as Good-speed argues; and, if so, to determine whether the Wetlands Act and the CEPA are within the scope of the preempted field. As explained below, the Court answers the former question in the affirmative, but reaches the opposite conclusion with regard to the latter. The Second Circuit has apparently never held explicitly that Congress intended to occupy the entire field of air safety. However, it has strongly implied (in dicta) that it would so hold in ATA. See 520 F.3d at 225. In that opinion, the Second Court noted the general consensus in other Circuits that have reached this question. See id. (collecting cases); see also Montalvo v. Spirit Airlines, 508 F.3d 464, 468 (9th Cir.2007) (holding that the federal government has occupied the entire field of aviation safety); Greene v. B.F. Goodrich Avionics Sys., Inc., 409 F.3d 784, 795 (6th Cir.2005) (same); Abdullah v. Am. Airlines, Inc., 181 F.3d 363, 367-68 (3d Cir.1999) (same); French v. Pan Am Express, Inc., 869 F.2d 1, 5 (1st Cir.1989) (same); Tweed-New Haven Airport v. Town of East Haven, 582 F.Supp.2d 261, 268 (D.Conn.2008) (“[B]y the passage of the [Federal Aviation Act], Congress intended to occupy the entire field of airline safety, including runways.”). Congressional intent to preempt state law can be discerned from a number of sources, including the language of the statute at issue, “the ‘statutory framework’ surrounding it,” and “the ‘structure and purpose of the statute as a whole,’ as revealed ... through the reviewing court’s reasoned understanding of the way in which Congress intended the statute and its surrounding regulatory scheme to affect business, consumers, and the law.” Medtronic, Inc. v. Lohr, 518 U.S. 470, 486, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996) (citations omitted). Where, as here, “Congress has entrusted an agency with the task of promulgating regulations to carry out the purposes of a statute,” courts should also consider the purpose of those regulations “as part of the pre-emption analysis.” R.J. Reynolds Tobacco Co. v. Durham County, 479 U.S. 130, 149, 107 S.Ct. 499, 93 L.Ed.2d 449 (1986); cf. Fidelity Fed. Sav. & Loan Ass’n v. de la Cuesta, 458 U.S. 141, 153, 102 S.Ct. 3014, 73 L.Ed.2d 664 (1982) (“Federal regulations have no less preemptive effect than statutes.”). However, when attempting to ascertain the intent of Congress, and particularly when considering an area that “the States have traditionally occupied[,] .... we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.” City of Burbank v. Lockheed Air Terminal Inc., 411 U.S. 624, 93 S.Ct. 1854, 36 L.Ed.2d 547 (1973) (quoting Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947)). This presumption applies not just in determining “whether Congress intended any pre-emption at all,” but also to “questions concerning the scope of its intended invalidation of state law.” Lohr, 518 U.S. at 485, 116 S.Ct. 2240. “As a result, any understanding of the scope of a pre-emption statute must rest primarily on ‘a fair understanding of congressional purpose.’ ” Id. at 485-86, 116 S.Ct. 2240 (quoting Cipollone v. Liggett Group, Inc., 505 U.S. 504, 530, n. 27, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992)); see also id. at 485, 116 S.Ct. 2240 (“[T]he purpose of Congress is the ultimate touchstone in every pre-emption case.”) (citation omitted). This presumption against finding federal preemption except in cases where Congress has spoken clearly is borne of concerns for federalism; it ensures the “placement of the power of pre-emption squarely in the hands of Congress, which is far more suited than the Judiciary to strike the appropriate state/federal balance (particularly in areas of traditional state regulation).” Geier v. Am. Honda Motor Co., 529 U.S. 861, 907, 120 S.Ct. 1913, 146 L.Ed.2d 914 (2000) (Stevens, J., dissenting). Determining the scope of federal preemption- — -that is, deciding whether it encompasses a particular state action — requires consideration of both the state law’s purpose and its effect. See English v. Gen. Elec. Co., 496 U.S. 72, 84, 110 S.Ct. 2270, 110 L.Ed.2d 65 (1990) (“[P]art of the preempted field is defined by reference to the purpose of the state law in question, [and] another part of the field is defined by the state law’s actual effect ....”); see also Gade v. Nat’l Solid Wastes Mgmt. Ass’n, 505 U.S. 88, 105, 112 S.Ct. 2374, 120 L.Ed.2d 73 (1992) (“In assessing the impact of a state law on the federal scheme, we have refused to rely solely on the [state] legislature’s professed purpose and have looked as well to the effects of the [state] law.... The key question is thus at what point the state regulation sufficiently interferes with federal regulation that it should be deemed pre-empted.... ”); United States v. Locke, 529 U.S. 89, 115, 120 S.Ct. 1135, 146 L.Ed.2d 69 (2000) (“The appropriate inquiry still remains whether the purposes and objectives of the federal statutes, including the intent to establish a workable, uniform system, are consistent with concurrent state regulation”). With these principles in mind, and mindful of the Supreme Court’s warning that “prior eases on preemption are not precise guidelines ..., for each case turns on the peculiarities and specific features of the federal regulatory scheme in question,” City of Burbank, 411 U.S. at 638, 93 S.Ct. 1854, the Court now turns to consideration of the laws at issue here. To begin, the Court agrees that the Federal Aviation Act evidences a clear congressional intent to occupy the entire field of aviation safety to the exclusion of state law. The Federal Aviation Act declares that “The United States Government has exclusive sovereignty of airspace of the United States,” 49 U.S.C. § 40103(a)(1), and directs the FAA Administrator to “develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace.” Id. § 40103(b)(1); see also id. § 40103(b)(2). “Navigable airspace” is defined broadly as “airspace above the minimum altitudes of flight prescribed by regulations ..., including airspace needed to ensure safety in the takeoff and landing of aircraft.” Id. § 40102(a)(32). The primary purpose of the Federal Aviation Act is safety through the “ereat[ion] and enforce[ment of] one unified system of flight rules.” Montalvo v.