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National Aviation, Inc. v. Hayward, City of

Citation: 6 ELR 20649
No. No. C-75-2279-RFP, 418 F. Supp. 417/(N.D. Cal., 07/15/1976)

The court finds constitutional a Hayward, California, ordinance which prohibited aircraft operations producing more than 75 decibels of noise at the municipal airport between 11:00 p.m. and 7:00 a.m. and refuses to enjoin its enforcement. The ordinance neither invades a field preempted by federal law nor impermissibly burdens interstate commerce. Although the federal system of air traffic control is pervasive, the court finds after re-examining the legislative history of the Noise Control Act of 1972 that the federal government has not preempted the area of airport noise regulation. Because the city is proprietor of the airport, it falls within the exception recognized by the Supreme Court in City of Burbank v. Lockheed Air Terminal, 3 ELR 20393 (U.S. 1973). The court also finds that the record is insufficient to show the ordinance imposes more than an "incidental" burden on interstate commerce. The court questions the standing of plaintiffs, a group of aircraft operators to raise, as third party beneficiaries, the issue of breach of prior federal agreements and questions whether available administrative remedies have been exhausted. Plaintiffs' inverse condemnation claim is also dismissed.

Counsel for Plaintiffs
William Jennings
1530 Meridian Ave. #301
San Jose CA 95125
(408) 264-5430

Counsel for Hayward
John Scanlon, City Attorney
2230 Foothill Blvd.
Hayward CA 84541
(415) 581-2345