City of Burbank v. Lockheed Air Terminal, Inc. :: 411 U.S. 624 (1973)

U.S. Supreme Court

City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624 (1973)City of Burbank v. Lockheed Air Terminal, Inc.
No. 71-1637
Argued February 20, 1973
Decided May 14, 1973
411 U.S. 624

Syllabus
Appellees sought an injunction against enforcement of a Burbank city ordinance placing an 11 p.m. to 7 a.m. curfew on jet flights from the Hollywood-Burbank Airport. The District Court found the ordinance unconstitutional on Supremacy Clause and Commerce Clause grounds, and the Court of Appeals affirmed on the basis of the Supremacy Clause, with respect to both preemption and conflict.

Held: In light of the pervasive nature of the scheme of federal regulation of aircraft noise, as reaffirmed and reinforced by the Noise Control Act of 1972, the Federal Aviation Administration, now in conjunction with the Environmental Protection Agency, has full control over aircraft noise, preempting state and local control. Pp. 411 U. S. 626-640.

457 F.2d 667, affirmed.

DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, BLACKMUN, and POWELL, JJ., joined. REHNQUIST, J., filed a dissenting opinion, in which STEWART, WHITE, and MARSHALL, JJ., joined, post, p.411 U. S. 640.

Page 411 U. S. 625

The Supreme Court, in a 5–4 vote, struck down a city ordinance regulating air traffic as a violation of the supremacy clause. The ordinance prohibited jets from taking off between 11 p.m. and 7 a.m. and also forbade the airport operator from allowing such flights. The Court, speaking through Justice william o. douglas, applied the preemption doctrine and found the ordinance in conflict with two federal statutes which provided for the regulation of navigable airspace. Justice william h. rehnquist, for the dissenters, contended that these statutes did not supersede the state police power.