ELR Citation: ELR 20344
No(s). 5860 (Mass. Jun 25, 1971)

Proposed Massachusetts act that would prohibit any SST plane not capable of limiting its noise level to 108 decibels or less from taking off and landing anywhere in the Commonwealth except in an emergency, would illegally intrude upon an area preempted by Congress. While 1968 amendments to the Federal Aviation Act dealing with noise standards may still leave some room for more stringent regulation by individual airport proprietors and operators, the Massachusetts act, which purports to prevent nonconforming aircraft from landing or taking off anywhere in the Commonwealth, exceeds any subject matter left to state regulation. Thus, in advisory opinion solicited by state legislature the court has concluded that the proposed act is illegal and need not consider whether FAA noise standards may conflict with the "simple and possibly imprecise" 108-decibel standard, nor must the court consider whether the bill imposes an unreasonable or discriminatory burden on interstate commerce or conflicts with any treaty obligation of the United States.