City of Burbank v. Lockheed Air Terminal, Inc.

Supreme Court of the United States

411 U.S. 624

City of Burbank et al.  v.  Lockheed Air Terminal, Inc., et al.

Appeal from the United States Court of Appeals for the Ninth Circuit

No. 71-1637.  Argued: February 20, 1973 --- Decided: May 14, 1973

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 pre-emption 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, pre-empting state and local control. Pp. 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. 640.


Richard L. Sieg, Jr., argued the cause for appellants. With him on the briefs was Samuel Gorlick.

Warren Christopher argued the cause for appellees. With him on the briefs was Ralph W. Dau.

Deputy Solicitor General Friedman argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Griswold, Assistant Attorney General Wood, Andrew L. Frey, and John W. Barnum. Nicholas C. Yost, Deputy Attorney General, argued the cause for the Attorney General of California as amicus curiae urging reversal. With him on the brief were Evelle J. Younger, Attorney' General, pro se, Jay L. Shavelson, Assistant Attorney General, and Larry C. King, Deputy Attorney General.[1]


  1. ↑ Briefs of amici curiae urging affirmance were filed by Patrick J. Falvey, Joseph Lesser, Isobel E. Muirhead, and Vigdor D. Bernstein for the Port Authority of New York and New Jersey; by Robert D. Powell for the National Business Aircraft Association, Inc.; and by Samuel J. Cohen for the Air Line Pilots Association, International.
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