Gianturco

San Diego Unified Port District v. Gianturco

Good Law
457 F. Supp. 283·12 ERC (BNA) 1046·12 ERC 1046·9 Envtl. L. Rep. (Envtl. Law Inst.) 20041·1978 U.S. Dist. LEXIS 15785
United States District Court, Southern District of CaliforniaAugust 30, 1978Civ. 78-97-SCalifornia511 words

Opinion

Opinion

Schwartz, J.

This is an action for declaratory and injunctive relief initially brought by the San Diego Unified Port District (“Port District”) against the California Department of Transportation and two of its officers (collectively referred to as “Department”). The focus in the litigation is San Diego International Airport, Lindbergh Field, which is owned and operated by the Port District. The Department seeks to impose an extended curfew at Lindbergh Field which the Port District contends is unconstitutional.

The parties have raised numerous issues which require extended consideration.

FACTS

General Background

In 1969 the California Legislature enacted legislation directing the Department of Aeronautics (now the Department of Transportation) to adopt noise standards for airports operating under a state permit. Cal. Pub.Util.Code § 21669 et seq. (West Supp. 1978). Pursuant to this statutory authorization, the Department subsequently adopted “noise standards” which now appear at 21 Cal.Admin.Code §§ 5000-5080.5.

The regulations adopted by the Department seek to achieve a gradual reduction in the amount of noise generated by aircraft take-offs and landings at California airports.…

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