People of the State of California, Etc. v. Department of the Navy

The State of California brought this action against the U. S. Navy, claiming that the level of air pollution from certain of the Navy’s jet engine test cells violates California air quality standards promulgated under the Federal Clean Air Act. The district court, in its judgment filed February 10, 1979, based on its orders of February 10, 1979 and April 12, 1977 (the latter reported at 431 F.Supp. 1271 (N.D.Cal.1977)), granted California’s claim for equitable relief and ordered the Navy to meet California’s emission standards. The Navy appeals and argues that federal preemption of state regulation of aircraft or engine emissions includes and exempts emissions from engine test cells also. We affirm the district court’s judgment.

I. FACTS AND STATUTORY BACKGROUND

The Navy conducts jet engine tests and maintenance at several naval bases in California. These operations include testing detached jet engines in immobile concrete housing structures called “test cells”. The cells hold the engine in place while it is run and provide locations to put the testing equipment. A typical cell is a concrete tube in the shape of a wide or elongated U, 85 feet along its horizontal side, with open…