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Air Transp. Ass'n v. Inglewood

Citation: 2 ELR 20596
No. Nos. 71-1153-CC, -1632-CC, (C.D. Cal., 05/22/1972)

The pervasiveness of federal regulation in the field of air commerce, the intensity of the national interest in this regulation, and the nature of air commerce itself require the unavoidable conclusion that state and local regulation in that area has been preempted. A state or local government cannot use its police power to attempt to regulate this field. Section 611, 49 U.S.C. 1431, which was added to the Federal Aviation Act in July, 1968, specifically provides for responsibility of the FAA Administrator with respect to ecological and environmental problems. This section gives the Administrator power to deal with noise created by low-flying aircraft, take-offs and landings, and the noise created by aircraft on the ground at airports. Sections 4620 and 4620.1 of the Inglewood, California Municipal Code, which seek to regulate the permissible levels of noise of aircraft flying over Inglewood on approach to, and departure from, Los Angeles International Airport, are unconstitutional, illegal and void under the Supremacy Clause of the U.S. Constitution. Plaintiffs are entitled to a permanent injunction restraining defendants from enforcing or attempting to enforce the Inglewood ordinance.

Counsel for Plaintiffs in Case No. 71-1153-CC
Warren Christopher
Ralph W. Dau
Francis J. Burgweger, Jr.
O'Melveny & Myers
611 West Sixth Street
Los Angeles, Calif. 90017

Samuel J. Cohen
Cohen, Weiss & Simon
George E. Bodle
Bodle, Fogel, Julber, Reinhardt & Rothschild
3540 Wilshire Boulevard
Los Angeles, Calif. 90005

Counsel for Plaintiff United States in Case No. 71-1632-CC
William D. Keller U.S. Attorney
Frederick M. Brosio, Jr. Ass't U.S. Attorney, Chief, Civil Division
Gary H. Giesler Ass't U.S. Attorney
1100 U.S. Courthouse
312 North Spring Street
Los Angeles, California 90012

Counsel for Defendants
Donald E. Olson City Attorney
Mark L. Dees, Sr. Sr. Deputy City Attorney
W. W. Parkman, Sr. Deputy City Attorney
Howard Rosten Deputy City Attorney
105 East Queen Street Room 200
Inglewood, California 90301