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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


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

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