UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AIRLINES FOR AMERICA, No. 22-15677

Plaintiff-Appellant, D.C. No. 3:21-cv- 02341-EMC v. CITY AND COUNTY OF SAN OPINION FRANCISCO,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding

Argued and Submitted April 21, 2023 San Francisco, California

Filed August 29, 2023

Before: Mary M. Schroeder, Consuelo M. Callahan, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Callahan; Dissent by Judge Schroeder 2 AIRLINES FOR AMERICA V. CITY & COUNTY OF SAN FRANCISCO

SUMMARY *

Preemption

The panel reversed the district court’s grant of summary judgment in favor of the City and County of San Francisco in an action challenging the City’s Healthy Airport Ordinance, which requires airlines that contract with the City to use San Francisco International Airport to pr