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California v. Department of the Navy

ELR Citation: 10 ELR 20564
Nos. No. 79-4304, 624 F.2d 885/14 ERC 1605/(9th Cir., 06/02/1980) Aff'd

The Ninth Circuit Court of Appeals holds that emissions from United States Navy engine test cells are subject to California air quality standards contained in its Environmental Protection Agency-approved state implementation plan. Affirming the district court decision, 7 ELR 20636, the court finds that the immobile test facilities do not fall within the scope of §233 of the Clean Air Act, which preempts state control of the regulation of aircraft and aircraft engines. The court concludes that the state regulation at issue will not impair the federal interests served by preemption—aviation safety and uniformity of standards—because the state standards can be met through an alteration in the design of the test cells rather than the structure or operation of the engines themselves.

Counsel for Appellants
G. William Hunter, U.S. Attorney
U.S. Courthouse, 450 Golden Gate Ave., San Francisco CA 94102
(415) 556-1126

Anne S. Almy; James W. Moorman, Ass't Attorney General; Carl Strass
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4427

Counsel for Appellees
Roderick E. Walston, Deputy Attorney General
6000 State Bldg., San Francisco CA 94102
(415) 557-3920

Richard G. Grieves, Ass't Counsel
Bay Area Air Quality Management District
939 Ellis St., San Francisco CA 94109
(415) 771-6000

Before TANG and FERGUSON, Circuit Judges, and CURTIS,* District Judge.