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San Diego Unified Port Dist. v. Gianturco

Citation: 12 ELR 20091
No. No. 78-3260, 651 F.2d 1306/16 ERC 2090/(9th Cir., 07/30/1981) Aff'd

The court affirms a district court's holding, 9 ELR 20041, that the California Department of Transportation (CalTrans) may not impose a flight curfew at San Diego's Lindbergh Field. The Supreme Court has ruled that the Federal Aviation Act and the Noise Control Act give the federal government full control over airspace management and aircraft noise, thereby preempting state and local control. This situation was preserved by the Quiet Communities Act. While airport proprietors have an exemption giving them leeway to control the sources of aircraft noise directly, CalTrans does not qualify as the proprietor of Lindbergh Field.

Counsel for Appellee
Michael S. Gatzke
Luce, Forward, Hamilton & Scripps
Bank of California Plaza, 110 W. A St., San Diego CA 92101
(714) 236-1414

Counsel for Appellees-Intervenors Air Transport Ass'n et al.
Ralph W. Dau
O'Melveny & Myers
Suite 3800, 611 W. 6th St., Los Angeles CA 90017
(213) 620-1120

Counsel for Appellants
Edward J. Connor Jr.
California Dep't of Transportation, Sacramento CA 95814
(916) 445-4616

Before WRIGHT* and TANG, Circuit Judges, and CURTIS,** Senior District Judge.