Margery S. Bronster, in her official capacity as Attorney General of Hawaii, appeals from the district court’s grant of summary judgment in favor of the Hawaii Newspaper Agency, Gannett Pacific Corp. (Honolulu Advertiser), and Liberty Newspapers (Honolulu Star-Bulletin). Attorney General Bronster contends that the district court erred in concluding that the Newspaper Preservation Act
I.
In 1962, the Honolulu Advertiser was experiencing financial difficulty and was on the verge of failure. In order to prevent the newspaper’s demise and preserve its editorial voice, the Advertiser entered into a joint operating agreement (“JOA”) with the Honolulu Star-Bulletin on May 31, 1962. Under the JOA, the newspapers merged their commercial, circulation, and advertising departments, but maintained separate and independent editorial voices. The newspapers formed the Hawaii Newspaper Agency (“HNA”) to carry out the JOA. The effect of the JOA was to cut costs and preserve two independent editorial voices in Honolulu.
In Citizen Publishing Co. v. United States,
In response to that decision, Congress passed the Newspaper Preservation Act, 15 U.S.C. §§ 1801-1804 (“NPA”).
The NPA provides that JOAs entered into prior to the law’s passage will automatically receive antitrust immunity. 15 U.S.C. § 1803(a). Section 1803(a) shields joint operating agreements existing prior to July 24, 1970, “if at the time at which such arrangement was first entered into ... not more than one of the newspaper publications involved in the performance of such arrangement was likely to remain or become a financially sound publication.” Newspapers that execute JOAs after the effective date of the NPA are required to obtain the consent of the Attorney General of the United States in order to receive the same immunity. Í5 U.S.C. § 1803(b). The NPA also provides that JOA participants are not exempt from laws which prohibit certain practices that would be unlawful if committed by a single entity. 15 U.S.C. § 1803(c). The law reinstituted any JOA that had been declared unlawful under antitrust laws. 15 U.S.C. § 1804(a).
Hawaii has made several unsuccessful attempts to regulate or dismantle the Honolulu Advertiser and the Honolulu Star-Bulletin’s JOA. In 1974 and 1979, members of the state legislature introduced legislation that would have regulated the JOA as a public utility. This proposed legislation did not pass. In addition, the city and county of Honolulu challenged the newspapers’ exemption from federal antitrust laws in federal court proceedings. In City and County[ of Honolulu v. Hawaii Newspaper Agency, Inc.,
In 1995, the Hawaii Legislature passed Act 243,
The Honolulu Advertiser, the Honolulu Star-Bulletin, and the HNA fled this action on August 3,1995, pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201. In their complaint, the plaintiffs alleged .that Act 243 was preempted by the NPA, violated the First Amendment, the Equal Protection Clause, the Due Process Clause, and was a bill of attainder. The newspapers moved for summary judgment on October 31, 1995 and the Hawaii Attorney General filed a cross-motion for summary judgment on November 9,1995.
The district court granted the plaintiffs’ motion for summary judgment on January 3, 1996. The court held that (1) the ÑPA preempted the State of Hawaii’s attempt'to regulate the JOA, (2) the plaintiffs presented a ripe First Amendment claim, (3) Act 243 violated the First Amendment, (4) Act 243 violated the Due Process Clause,
II.
The ripeness doctrine precludes federal courts from exercising their jurisdiction over an action that is filed before a real dispute exists between the parties. Poe v. Ullman,
First, the newspapers’ preemption challenge is fit for judicial decision. “Legal questions that require little factual development are more likely to be ripe.” Freedom to Travel Campaign v. Newcomb,
Second, the threat of hardship to the newspapers if the court withheld consideration in this situation is both “ ‘real and immediate,’ not ‘conjectural’ or ‘hypothetical.’” City of Los Angeles v. Lyons,
In addition, compliance itself will' cause a significant injury. Hawaii law makes it a crime for a public official to disclose a tax return or information related to that return. Haw.Rev.Stat. § 235-116 (1995).
The newspapers’ failure to comply with Act 243 does not affect our conclusion that there is a ripe preemption claim. ' In Sayles, we held that a party presented a ripe preemption claim even though it had not completed a state permit process.
Our reasoning in Sayles applies with equal force to the circumstances present in this ease. If the newspapers must comply with Act 243 before they can mount a constitutional challenge, they will have already suffered an irreparable injury from the “undue process” of having to produce the requested information and the public disclosure of their financial records.
There is no doubt that Hawaii’s Attorney General will seek to enforce the requirements of Act 243 against the Hawaii Newspaper Agency. Not only will this law saddle the plaintiffs with a burden applicable solely to the Honolulu Advertiser and the Honolulu Star-Bulletin, it will also force them to reveal confidential financial information to the public. Due to the threat of imminent enforcement and the serious injury that would flow from compliance, the newspapers’ only two options were to bring this action or break the law. These circumstances demonstrate that the plaintiffs’ preemption claim is ripe.
Únder the Supremacy Clause of the United States Constitution, federal law is the supreme law of the land. U.S. Const. art. VI, cl. 2. A state law is preempted when (1) Congress has expressly superseded state law, (2) Congress has regulated a field so extensively that a reasonable person would infer that Congress intended to supersede state law, and (3) when there is a conflict between federal and state laws. See Fidelity Fed. Sav. & Loan Ass’n v. de la Cuesta,
We must decide whether Congress intended to preempt any state laws regulating JOAs. Attorney General Bronster argues that “the scheme of federal regulation under the NPA is not so pervasive as to make reasonable the inference that Congress left no room for supplemental regulation.” Defendant-Appellant’s Opening Brief at 11. Rather, she contends that the NPA merely preempts state laws that directly remove or modify the newspapers’ antitrust immunity. The newspapers’ maintain that the NPA is a “complete strategy for validating newspaper joint operating agreements.” Appellees’ Brief at 16. Accordingly, the newspapers assert that the NPA precludes all state attempts to regulate newspapers due to their involvement in a JOA. To determine the preemptive effect, if any, of the NPA, we must look to congressional intent. Allis-Chalmers Corp. v. Lueck,
Three factors illustrate Congress’s intention to preempt any state regulation that is based on a newspaper’s involvement in a JOA. First, in exempting participants to a JOA from the reach of antitrust laws, Congress adopted a comprehensive solution to the problems facing newspapers struggling to survive economically. The NPA sets forth each of the requirements that JOA participants must satisfy in order to receive antitrust immunity. 15 U.S.C. § 1803(a)-(b). Once a JOA application satisfies the threshold requirements, “nothing more is required; nothing in the statute or its history indicates otherwise.” Committee for an Independent P-I v. Smith,
Second, Congress found that participation in JOAs without antitrust regulation was necessary to ensure that there was more than one newspaper in a community. Congress recognized that it had become nearly impossible for more than one newspaper to survive in any major market due to a variety of economic factors unique to the newspaper industry. See S.Rep. No. 535 at 4, 91st Cong., 1st Sess. (1969); Committee for an Independent P-I v. Hearst Corp.,
Finally, Congress further indicated an intent to preempt supplemental state regulation of JOAs by expressly enumerating the types of state laws that can be applied to JOAs. Section 1803(c) withholds antitrust immunity from “predatory pricing, any predatory practice, or any other conduct” that would be unlawful if committed by a “single entity.” Thus, except for laws controlling these prohibited activities, a state may not enact statutes that regulate a newspaper solely because of its participation in a JOA. Given the NPA’s comprehensive scheme, a reasonable person could infer that Congress intended that state regulation of JOAs be limited to the exemptions listed in section 1803(c).
We hold that Congress has preempted the field of regulations that are based on a newspaper’s involvement in a JOA. Congress has set forth all the conditions governing their formation and qualification for antitrust immunity. Both the statute’s language and its legislative history indicate that Congress intended its regulation of newspapers in JOAs to be exclusive. Congress expressly reserved a field of permissible state regulation in section 1803(c). The NPA’s language and structure precludes states from directly or indirectly regulating a newspaper’s participation in a JOA unless the conduct of a newspaper comes within these specific exceptions.
We next consider whether Act 243 falls within the preempted field. “When the federal government completely occupies a given field or an identifiable portion of it, ... the test of preemption is whether ‘the matter on which the state asserts the right to act is in anyway regulated by the Federal Act.’” Pacific Gas & Elec. Co. v. State Energy Comm’n,
Our conclusion that the NPA preempts Act 243 is strengthened by the fact that Congress expressly considered Hawaii’s primary interest in protecting the public from a JOA’s harmful anticompetitive effects. See Sayles,
Attorney General Bronster argues that the district court’s decision will prevent states from gathering information that can be used to lobby Congress to make changes in the NPA or remove the antitrust exemption in specific markets. Under the NPA, however, Congress does not need special state laws to assist it in discovering whether the NPA should, be amended to exclude newspapers that are financially sound and no longer need antitrust immunity. Prior to the enactment of the NPA, Congress collected financial information from participants in pre-existing JOAs in part to assess their financial condition ■ when they entered into the JOA. H.R.Rep. No. 91-1193 at 8-9, reprinted in 1970 U.S.C.C.A.N at 3552-53. Newspapers who now seek approval of a new JOA must submit relevant financial data to the Attorney General of the United States. If Congress desires more information, it can order the newspapers to disclose it.
Hawaii is free to request Congress to order newspapers to submit financial data to determine whether the NPA should be amended or repealed. Since Congress has preempted any attempt by a state to regulate a newspaper’s participation in a JOA, Hawaii cannot impose discriminatory burdens on such newspapers for the purpose of gathering information for legislative reform by Congress.
Because field preemption alone is a sufficient basis to hold that Act 243 is invalid, we do not consider the validity of the newspapers’ remaining constitutional claims.
AFFIRMED.
Notes
. The Newspaper Preservation Act provides in pertinent part:
§ 1803. Antitrust exemptions
(a) It shall not be unlawful under any antitrust law for any person to perform, enforce, renew, or amend any joint newspaper operating arrangement entered into prior to July 24, 1970, if at the time at which such arrangement was first entered into, regardless of ownership or affiliations, not more than one of the newspaper publications involved in the performance of such arrangement was likely to remain or become a financially sound publication: Provided, That the terms of a renewal or amendment to a joint operating arrangement must be filed with the Department of Justice and that the amendment does not add a newspaper publication or newspaper publications to such arrangement.
(b) It shall be unlawful for any person to enter into, perform, or enforce a joint operating arrangement, not already in effect, except with the prior written consent of the Attorney General of the United States. Prior to granting such approval, the Attorney General shall determine that not more than one of the newspaper publications involved in the arrangement is a publication other than a failing newspaper, and that approval of such arrangement would effectuate the policy and purpose of this chapter.
(c)Nothing contained in the chapter shall be construed to exempt from any antitrust law any predatory pricing, any predatory practice, or any other conduct in the otherwise lawful operations of a joint newspaper operating arrangement which would be unlawful under any antitrust law if engaged in by a single entity. Except as provided in this chapter, no joint newspaper operating arrangement or any party thereto shall be exempt from any antitrust law.
§ 1804. Reinstatement of joint operating arrangements previously adjudged unlawful under antitrust laws
(a) Notwithstanding any final judgment rendered in any action brought by the United States under which a joint operating arrangement has been held to be unlawful under any antitrust law, any party to such final judgment may reinstitute said joint newspaper operating arrangement to the extent permissible under section 1803(a) of this title.
(b) The provisions of section 1803 of this title shall apply to the determination of any civil or criminal action pending in any district court of the United State [sic] on July 24, 1970, in which it is alleged that any such joint operating agreement is unlawful under any antitrust law.
. Act 243 § 2 provides in pertinent part:
§ -1 General definitions. As used in this chapter:
"Media” means any printed publication of general distribution in the state issued once or more per year that is a party to the Mutual Publishing Plan Agreement as executed on May 31, 1962, and any subsequent amendments.
§ -2 Disclosure, (a) The media shall submit to the attorney general, no later than thirty days after December 31 of the reporting year, an income tax return filed pursuant to section 235-4.
(b) Any media filing an annual income tax return pursuant to subsection (a) shall also furnish to the attorney general, in forms and at times that the attorney general deems necessary or expedient in the interest of the general public, special or supplementary reports covering information disclosed in subsection (a).
(c) Any report submitted pursuant to subsection (a) or (b) shall be a public record for the purposes of chapter 92F.
§ -3 Annual report. The attorney general shall submit an annual report to the United States Department of Justice with regard to the information provided in section -2.
. Although the district court's order declares that Act 243 violates the Due Process Clause, Judge King analyzed the law under the Equal Protection Clause. Plaintiffs did not address the Due Process Clause in their brief before this court.
. Section 235-116 provides:
All tax returns and return information required to be filed under this chapter shall be confidential, including any copy of any portion of a federal return which may be attached to a state tax return, or any information reflected in the copy of such federal return. It shall be unlawful for any person, or any officer or employee of the State to make known intentionally information imparted by any income tax return or estimate made under sections 235-92, 235-94, 235-95, and 235-97 or wilfully to permit any income tax return or estimate so made or copy thereof to be seen or examined by any person other than the taxpayer or the taxpayer's authorized agent, persons duly authorized by the State in connection with their official duties, the Multistate Tax Commission or the authorized representative thereof, except as provided by law, and any offense against the foregoing provisions shall be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or both.
. Hawaii correctly notes that the NPA does not preempt generally applicable laws that may have a' negative financial impact on parties to a JOA, such as corporate taxes, utility rates, or minimum wage laws. Appellant's Opening Brief at 19. Act 243, however, is not a generally applicable law. A determination that Act 243 is preempted will have no effect on the application of general laws to the newspapers.
