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43 J. Air L. & Com. 753 (1977)
Aircraft Noise: Federal Pre-Emption of Local Control, Concorde and Other Recent Cases

handle is hein.journals/jalc43 and id is 775 raw text is: Comments, AIRCRAFT NOISE: FEDERAL PRE-EMPTION OF LOCAL CONTROL, CONCORDE AND OTHER RECENT CASES JOSHUA A. Muss The efforts of British Airways Board (British Airways) and Compagnie Nationale Air France (Air France) to secure Ameri- can landing rights for Concorde, their supersonic airliner, have produced a controversy of unexpected proportion. The disputes engendered have threatened to affect the international relationships of the United States and have put in issue principles of federalism as related to the locus of authority to regulate aircraft noise emis- sions. The focus of this controversy has been the attempt to secure landing rights for Concorde at John F. Kennedy International Airport (JFK) as access port to the lucrative New York-Paris/ London market. These efforts resulted in 18 months of extensive litigation which is likely to be resolved only by the United States Supreme Court. The central legal issue raised by the Concorde question concerns whether the federal government has pre-empted the authority of airport proprietors to regulate noise emission levels for aircraft using their facilities. Since 1975, this issue has been litigated in four cases with the courts arriving at differing conclusions.1 An exami- nation of the facts and legal precedents relating to the pre-emption question raised by Concorde is the best means of clarifying the issues and giving insight into their ultimate resolution. In order to separate the issues from the emotional volatility that has attached to Concorde it is necessary to examine the historical background of Concorde, the federal legislative history of the regulation of ' British Airways Bd. v. Port Auth. of N.Y., 558 F.2d 75 (2d Cir. 1977); National Av. v. City of Haywood, 418 F. Supp. 417 (N.D. Cal. 1976); Air Transp. Ass'n of Amer. v. Crotti, 389 F. Supp. 58 (N.D. Cal. 1975); and San Diego Unified Port Dist. v. Superior Court, 67 Cal. App. 3d 361, 136 Cal. Rptr. 557 (Ct. App.), cert. denied, 98 S.Ct. 184 (1977).

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