I’m blanking on the name of a certain legal principle. I’ll describe a scenario:
A city has a noise ordinance. This city is also next door to a noisy Air Force base. The city can’t cite the federal government for violation of a local ordinance when their jets fly over the city. What is the name of this principle?
Thanks in advance.
Supremacy Clause?
Sovereign Immunity?
There is also the concept of “Combatants Privilege” though that only applies in active combat not peacetime…
The state can’t tell the feds what to do. To what extent does that apply to third parties?
Could a state, for example, prosecute a private company for operating a federal prison (or state law for abetting kidnapping) if it operates a federal prison when the state law prohibits private prisons? To what extent does a federal contractor get immunity? Can a federal lack of pollution mandate for example, prevent the state from charging a private company that dumps PCBs in the waterway because the federal law would allow it? (Hypothetical)
I’d agree this is most on point.
Inside the supremacy clause are “sub-clauses” and the one most applicable here is the intergovernmental immunity doctrine. Generally, States cannot interfere with the operations of the federal government. In this situation, the Gov’t would have to change its operation (lower the noise somehow) in order to comply with the city ordinance. Intergovernmental immunity means the Air Force doesn’t have to change anything in order to comply, even though local business and residents do have to comply (not immune).
I think**. There will certainly be other different overlapping and closely related principles.
**Caselaw constantly updates things so I’m giving a very generic basic description of this principle. It could be tighter in some circumstances. There can be an exception. There can be an exception to the exception, etc. etc.