Im of, by and for the community. That approach takes time, diligence, pragmatism and above all a willingness to resist partisan political pressure and be an independent voice that puts our region first. ), the Erosion and Sediment Control Law ( 62.1-44.15:51 et seq. All clear: no all clear signal is defined by either document. Such zones shall be reasonably compact, shall not encompass the entire locality, and shall constitute one or more tax parcels not commonly owned. Any project that is subject to an affordable housing dwelling unit program adopted pursuant to this section shall not be subject to an additional requirement outside of such program to contribute to a county or city housing fund. at 10 (2012) The same case also struck down on preemption grounds state sanctions on aliens who work or seek employment without federal authorization, id. For purposes of this subsection, "residential facility" means any assisted living facility or residential facility in which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority pursuant to this Code. In Chamber of Commerce of the United States v. Whiting , a majority of the Court adopted a straightforward plain meaning approach to uphold a 2007 Arizona law that called for the suspension or revocation of the business licenses (including articles of incorporation and like documents) of Arizona employers found to have knowingly hired an unauthorized alien.16 Footnote 563 U.S. 582 (2011) . Absent explicit pre-emptive language, we have recognized at least two types of implied pre-emption: field pre-emption, where the scheme of federal regulation is so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it, . . Perhaps the broadest preemption section ever enacted, 514 of the Employment Retirement Income Security Act of 1974 (ERISA), is so constructed that the Court has been moved to comment that the provisions are not a model of legislative drafting. 22 Footnote Metropolitan Life Ins. A locality shall not condition the submission, review, or approval of any application for a housing development upon a contribution by the applicant to the locality's housing trust fund. who removes solar panels to dispose of such panels in accordance with such ordinance in addition to other applicable laws and regulations affecting such disposal. Narrow construction when state police powers are involved has hitherto related to implied preemption, not express preemption, and courts generally have applied ordinary-meaning construction to such statutory language; further, courts have not precluded the finding of conflict preemption, though perhaps field preemption, because of the existence of some express preemptive language. Stores the user's cookie consent state for the current domain. A locality that does not comply with the above requirement, or does not begin alternative improvements as provided for in subsection C, shall forward the amount of the proffered cash payments to the Commonwealth Transportation Board no later than December 31 following the fiscal year in which such forfeiture occurred for direct allocation to the secondary system construction program or the urban system construction program for the locality in which the proffered cash payments were collected. The local housing fund may be a dedicated fund within the other funds of the locality, but any funds received pursuant to this section shall be used for achieving the affordable housing goals of the locality. 2. 3359a). at 918 (2011) (Scalia, J.). Code 1950, 15-825, 15-850, 15-968.8; 1950, pp. C. Except regarding the sound generated by outdoor amplified music, no local ordinance regulating the sound generated by any activity listed in subsection A shall be more restrictive than the general noise ordinance of the locality. This ensures that the cookie consent box will not be presented again upon re-entry. Code 1950, 15-822, 15-846, 15-968.7; 1962, c. 407, 15.1-493; 1964, c. 279; 1968, c. 652; 1970, c. 216; 1972, c. 818; 1975, c. 641; 1984, c. 175; 1988, cc. No setback, lot area, hours of operation or noise requirements may be more restrictive than similar provisions for other agricultural structures or activities. At the request of the local governing body, the circuit court for any other locality may appoint not more than three alternates to the board of zoning appeals. Hughes v. Talen Energy Mktg., LLC, 578 U.S. ___, No. Any leases or contracts entered into under this provision shall require that all maintenance and improvement be conducted in accordance with established treatment standards for historic landmarks, areas, buildings, and structures. Identifies new users and generates a unique ID for each user. 14. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account. The source's identity is kept secret by the company, Whois Privacy Protection Service, Inc. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail. Fidelity Fed. A. United States v. Locke, 529 U.S. 89 (2000) (applying Ray ). at 1012 (2015). Notwithstanding any other provision of law, general or special, no local governing body shall (i) require any unreasonable proffer, as described in subsection C, in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application or proffer condition amendment for a new residential development or new residential use where such denial is based in whole or in part on an applicant's failure or refusal to submit an unreasonable proffer or proffer condition amendment. Unlike with Weber two years ago, Javadi does not have a track record of serving in local government that might act as a counterweight to these policy differences. See Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 138139 (1990); see also id. at 10. Tracks the visitor across devices and marketing channels. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed upon such a home. (2011). Both parts of this canon are departures from established law. 758, 884; 1997, c. 587; 2004, c. 799; 2008, c. 491; 2017, c. 216; 2018, c. 757. "Public safety facility improvement" means construction of new law-enforcement, fire, emergency medical, and rescue facilities or expansion of existing public safety facilities, to include all buildings, structures, parking, and other costs directly related thereto. Life Ins. Compare Campbell v. Hussey, 368 U.S. 297 (1961) (state law requiring tobacco of a certain type to be marked by white tags, ousted by federal regulation that occupied the field and left no room for supplementation), with Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132 (1963) (state law setting minimum oil content for avocados certified as mature by federal regulation is complementary to federal law, because federal standard was a minimum one, the field having not been occupied). . House District 32, redrawn after the census, now covers Clatskanie to the east and more of Tillamook County to the south. This cookie is used to collect information on a visitor. var D=new Date(),d=document,b='body',ce='createElement',ac='appendChild',st='style',ds='display',n='none',gi='getElementById',lp=d.location.protocol,wp=lp.indexOf('http')==0?lp:'https:'; in which the Court held that a new federal law requiring the registration of all aliens in the country precluded enforcement of a pre-existing state law mandating registration of aliens within the state.43 FootnoteIn Arizona v. United States , the Court struck down state penalties for violating federal alien registration requirements, emphasizing that [w]here Congress occupies an entire field, even complementary state regulation is impermissible. 567 U.S. ___, No. The "critical message" signal is followed by a radio broadcast. The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and make its decision within ninety days of the filing of the application or appeal. Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (1984). Used to recognise the visitor's browser upon reentry on the website. Failure to submit proffers as set forth in subdivision 1 shall not be a basis for the denial of any rezoning or proffer condition amendment application. 16-149, slip op. Local government officials may authorize use of this signal to alert the public of peacetime emergencies, normally tornadoes, flash floods, and tsunamis. 1990, c. 840, 15.1-486.4; 1991, c. 198; 1995, cc. Prior to the granting of a modification, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. at 631 (Sotomayor, J., dissenting). If yes, please enter employer's name in the box below. Sorry, there are no recent results for popular videos. Used to register what ads have been displayed to the user. The locality shall not prohibit extension of water or sewer from an adjacent property to a cluster development provided the cluster development is located within an area designated for water and sewer service by a county, city, or town or public service authority. The Court reached a similar result in Mutual Pharmaceutical Co. v. Bartlett .72 Footnote 570 U.S. 472 (2013).There, the Court again faced the question of whether FDA labeling requirements preempted state tort law in a case involving sales by a generic drug manufacturer. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. C. Notwithstanding any other provision of law, general or special, as used in this chapter, a proffer, or proffer condition amendment, whether onsite or offsite, offered voluntarily pursuant to 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1, shall be deemed unreasonable unless: 1. Code 1950, 15-834 through 15-839, 15-850, 15-958.11; 1950, p. 176; 1962, c. 407, 15.1-497; 1975, c. 641; 1988, c. 856; 1994, c. 705; 1996, c. 450; 1997, c. 587; 2001, c. 422; 2003, c. 568; 2005, cc. . 99, 575, 579, 582, 641; 1976, cc. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term. 48,887, adopted August 23, 2022. Div. The secretary of the board shall notify the court at least 30 days in advance of the expiration of any term of office and shall also notify the court promptly if any vacancy occurs. For the issuance of inspection warrants by a magistrate or court of competent jurisdiction. In the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted application for a special exception, the decision of the board of zoning appeals shall be presumed to be correct. Such notice shall identify the property to be developed, the zoning district, and the proffers applicable thereto. The issue was whether a common-law tort obligation imposed a requirement that was different from or in addition to any federal requirement. . 12-462, slip op. at 799, 80304 (holding that 1324a(b)(5) did not expressly preempt state prosecutions of non-U.S. citizens under state identify-theft and false-information statutes for using on a tax-withholding form the same false Social Security numbers as used on an I-9 form). Jan 04, 2007 at 1:25 pm. California Federal Savings & Loan Ass'n v. Guerra. E. Notwithstanding any contrary provisions of this section, in the Cities of Portsmouth and Virginia Beach, members of the board shall be appointed by the governing body. at 5 (quoting 42 U.S.C. G. The local governing body, or the zoning administrator on its behalf, may revoke the permit granted pursuant to subsection C if the permit holder violates any provision of this section. No special exception may be revoked except after notice and hearing as provided by 15.2-2204. Saves the user's navigation on the website including what pages have been viewed and how long the browser has been used to view each page. 6. 1983. Ass'n, 505 U.S. 88, 98 (1992) (internal quotation marks and case citations omitted). Regulates synchronisation of user identification and exchange of user data between various ad services. No offer to sell shall be made more than one year after a final decision by the governing body, but thereafter the owner may renew his request to the governing body to approve the razing or demolition of the historic landmark, building or structure. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by 15.2-2204. The notice shall identify the property to be developed, the zoning district, and the proffers applicable thereto. 14-614, slip op. The Court's holding makes clear, contrary to the suggestion in Cipollone , that existence of express preemption language does not foreclose the alternative operation of conflict (in this case frustration of purpose ) preemption.34 Footnote Compare Williamson v. Mazda Motor of America, Inc., 562 U.S. ___, No. Other activities or events that are usual and customary at Virginia agricultural operations. Any local ordinance providing optional increases in density for provision of low-and-moderate-income housing adopted before December 31, 1988, shall continue in full force and effect. The effect of federal policy was not strong enough to warrant a holding of preemption when a state authorized condemnation of abandoned railroad property after conclusion of an ICC proceeding permitting abandonment, although the railroad's opportunity costs in the property had been considered in the decision on abandonment.90 Footnote Hayfield Northern Ry. VHSL Record Book - 27 1938 E.C. For purposes of this section, "open space" or "conservation areas" shall mean the same as "open-space land" in 10.1-1700. Determinations by the governing body of heights and elevations under this section shall be conclusive. 860, 861. WebThe Noise Pollution Clearinghouse, P.O. of Labor Standards Enforcement v. Dillingham Construction, Inc., 519 U.S. 316, 334 (1997) (Justice Scalia concurring); Boggs v. Boggs, 520 U.S. 833 (1997) (using stands as an obstacle preemption analysis in an ERISA case, having express preemptive language, but declining to decide when implied preemption may be used despite express language), and id. Sprietsma v. Mercury Marine, 537 U.S. 51 (2002) (interpreting preemption language and saving clause in Federal Boat Safety Act as not precluding a state common law tort action). if that law was enacted for the purpose of protecting the public against radiation hazards. 37 Footnote Id. . Nothing in this section shall apply to any county or city which is subject to 15.2-741 or 15.2-914. 11, 1006; 2021, Sp. Registers user data, such as IP address, geographical location, visited websites, and what ads the user has clicked, with the purpose of optimising ad display based on the user's movement on websites that use the same ad network. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section. You have permission to edit this article. But, really, just commonsense solutions to problems that we have on the coast.. As used in this section, unless the context requires a different meaning: "Biomass" means agricultural-related materials including vineyard, grain or crop residues; straws; aquatic plants; and crops and trees planted for energy production. A zoning ordinance may provide that petitions brought by property owners, contract purchasers or the agents thereof, shall be sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the local planning commission or governing body has any interest in such property, either individually, by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the settlor of a revocable trust or whether a member of the immediate household of any member of the planning commission or governing body has any such interest. A locality may by ordinance require the modification of an application for zoning modification, a conditional use permit, or a special exception for the area of a development that is proposed within a mapped dam break inundation zone. Applications shall be made to the zoning administrator in accordance with rules adopted by the board. Find stories, updates and expert opinion. Zoning ordinances for all purposes shall consider a residential facility in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. For a discussion of preemption in the context of the Supremacy Clause, see infra Article VI: Clause 2. The manager keeps coming in and telling me off. Code 1950, 15-831, 15-850, 15-968.9; 1950, p. 176; 1962, c. 407, 15.1-495; 1964, c. 535; 1972, c. 695; 1975, cc. Football state champions. Once the writ of certiorari is served, the board of zoning appeals shall have 21 days or as ordered by the court to respond. The danger is over, and shelters can be left. 564 U.S. ___, No. Collects data on user visits to the website, such as what pages have been accessed. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. different alignments of Justices concluded that the 1969 provisions did reach common-law claims, as well as positive enactments, and did preempt some of the claims insofar as they in fact constituted a requirement or prohibition based on smoking health.27 Footnote 505 U.S. at 52030 (plurality opinion), 535-43 (Justice Blackmun concurring and dissenting), 548-50 (Justice Scalia concurring and dissenting). His authority shall include (i) ordering in writing the remedying of any condition found in violation of the ordinance; (ii) insuring compliance with the ordinance, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to 15.2-2311; and (iii) in specific cases, making findings of fact and, with concurrence of the attorney for the governing body, conclusions of law regarding determinations of rights accruing under 15.2-2307 or subsection C of 15.2-2311. Co., 514 U.S. 645 (1995), John Hancock Mut. Any review of a decision of the board shall not be considered an action against the board and the board shall not be a party to the proceedings; however, the board shall participate in the proceedings to the extent required by this section. Used by Google DoubleClick to register and report the website user's actions after viewing or clicking one of the advertiser's ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user. 2. In any successful action brought pursuant to this section contesting an action of a local governing body in violation of this section, the applicant may be entitled to an award of reasonable attorney fees and costs and to an order remanding the matter to the governing body with a direction to approve the rezoning or proffer condition amendment without the inclusion of any unreasonable proffer or to amend the proffer to bring it into compliance with this section. The empty string is the special case where the sequence has length zero, so there are no symbols in the string. Any local ordinance of any other locality providing optional increases in density for provision of low and moderate income housing adopted before December 31, 1988, shall continue in full force and effect. A federal employee brought an action alleging violations of a Missouri consumer protection law against a private carrier that asserted a lien against the employee's personal injury settlement under the subrogation and reimbursement terms of a health insurance contract. 563 U.S. ___, No. C. In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. at 7 (Ginsburg, J., concurring). at 15 (2011) (Thomas, J., plurality opinion) ( [T]he text of the Clausethat federal law shall be supreme, 'any Thing in the Constitution or Laws of any State to the Contrary notwithstanding'plainly contemplates conflict pre-emption by describing federal law as effectively repealing contrary state law. ). B. (d) Construction area. Every locality (i) in whose jurisdiction a licensed airport or United States government or military air facility is located or (ii) over whose jurisdiction the approach slopes and other safety zones of a licensed airport, including United States government or military air facility extend shall, by ordinance, provide for the regulation of the height of structures and natural growth for the purpose of protecting the safety of air navigation and the public investment in air navigation facilities. The planning commission of each locality may, and at the direction of the governing body shall, prepare a proposed zoning ordinance including a map or maps showing the division of the territory into districts and a text setting forth the regulations applying in each district. This cookie registers data on the visitor. Any ordinance involving the placement, screening or height of antennas shall reasonably accommodate amateur radio antennas and shall impose the minimum regulation necessary to accomplish the locality's legitimate purpose. Coventry Health Care involved an express preemption provision of the Federal Employees Health Benefits Act of 1959 (FEHBA) under which any terms of contracts with private carriers for federal employees' health insurance that relate to the nature, provision, or extent of coverage of benefits (including payments with respect to benefits) . As far-fetched as this sounds, allies of former President Donald Trump tried to convince several states to overturn the results of the 2020 election after Trump lost. Nonetheless, not all state regulation is precluded. When sounded, it signifies an end to the raid or a cool-down of the wartime situation. All hearings and other matters previously advertised for such meeting in accordance with 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required. The governing body is authorized to acquire in any legal manner any historic area, landmark, building or structure, land pertaining thereto, or any estate or interest therein which, in the opinion of the governing body should be acquired, preserved and maintained for the use, observation, education, pleasure and welfare of the people; provide for their renovation, preservation, maintenance, management and control as places of historic interest by a department of the locality or by a board, commission or agency specially established by ordinance for the purpose; charge or authorize the charging of compensation for the use thereof or admission thereto; lease, subject to such regulations as may be established by ordinance, any such area, property, lands or estate or interest therein so acquired upon the condition that the historic character of the area, landmark, building, structure or land shall be preserved and maintained; or to enter into contracts with any person, firm or corporation for the management, preservation, maintenance or operation of any such area, landmark, building, structure, land pertaining thereto or interest therein so acquired as a place of historic interest; however, the locality shall not use the right of condemnation under this subsection unless the historic value of such area, landmark, building, structure, land pertaining thereto, or estate or interest therein is about to be destroyed. The governing body of any locality accepting cash payments voluntarily proffered on or after July 1, 2005, pursuant to 15.2-2298, 15.2-2303, or 15.2-2303.1 shall, within 12 years of receiving full payment of all cash proffered pursuant to an approved rezoning application, begin, or cause to begin (i) construction, (ii) site work, (iii) engineering, (iv) right-of-way acquisition, (v) surveying, or (vi) utility relocation on the improvements for which the cash payments were proffered. C. With the exception of its secretary and the alternates, the board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board who shall place the matter on the docket to be acted upon by the board. 377, 411; 2009, c. 782; 2010, cc. 447, 449; 1997, c. 587; 2008, c. 491. Accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or. Bank, 510 U.S. 86 (1993) (ERISA's fiduciary standards, not conflicting state insurance laws, apply to insurance company's handling of general account assets derived from participating group annuity contract); District of Columbia v. Greater Washington Bd. The applicant, owner, and locality may engage in pre-filing and post-filing discussions regarding the potential impacts of a proposed new residential development or new residential use on public facilities as defined in subsection A and on other public facilities of the locality, and potential voluntary onsite or offsite proffers, permitted under subsections C and D, that might address those impacts. was a savings provision of the Federal Arbitration Act (FAA) that made arbitration provisions in contracts valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. 19 Footnote 9 U.S.C. General alert: a 140 second long fluctuating tone. Contact/Text: (757) 648-1940; Newport News Sales: (757) 755-3180; Home; Inventory Search Inventory Search. But cf. While applicable federal law permitted variations from stated weight caused by distribution losses, such as through partial dehydration, the state allowed no such deviation. An appeal by a party aggrieved of an official determination pursuant to this subdivision shall be made to the board of zoning appeals pursuant to 15.2-2311. . 14-181, slip op. C. Once a condition is granted pursuant to subsection B, such condition shall continue in effect until a subsequent amendment changes the zoning on the property for which the conditions were granted. WTOP delivers the latest news, traffic and weather information to the Washington, D.C. region. In furtherance of the purpose of providing affordable shelter for all, the governing body of any locality, other than localities to which 15.2-2304 applies, may by amendment to the zoning ordinances of such locality provide for an affordable housing dwelling unit program. Planning, Subdivision of Land and Zoning, Division of Legislative Automated Systems (DLAS), Road and other Transportation Improvements. "Public school facility improvement" means construction of new primary and secondary public schools or expansion of existing primary and secondary public schools, to include all buildings, structures, parking, and other costs directly related thereto. A. Much cooler. For example, a prohibition of state taxes on carriage of air passengers or on the gross receipts derived therefrom was held to preempt a state tax on airlines, described by the state as a personal property tax, but based on a percentage of the airline's gross income. For the establishment of jurisdiction-wide affordable dwelling unit rental prices by a local housing authority or the local governing body or its designee, initially and adjusted semiannually, based on a determination of all ordinary, necessary, and reasonable costs required to construct and market the required number of affordable dwelling rental units by private industry in the area, after considering written comment by the public, the local housing authority, or an advisory body to the local governing body, and other information such as the area's current general market and economic conditions. An email has been sent to with a link to confirm list signup. Because different producers in different situations in order to comply with the state standard may have to overpack flour to make up for dehydration loss, consumers would not be comparing packages containing identical amounts of flour solids.79 Footnote Jones v. Rath Packing Co., 430 U.S. 519, 532543 (1977). Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. He has praised Johnsons model as an example of an effective legislator. Any local restriction placed on an activity listed in this subsection shall be reasonable and shall take into account the economic impact of the restriction on the agricultural operation and the agricultural nature of the activity. Sends data to the marketing platform Hubspot about the visitor's device and behaviour. Fire alert: three 15-second continuous tones separated by 7-second intervals. The estimated aggregate dollar amount of proffered cash payments that have been pledged to the locality and which pledges are not conditioned on any event other than time; and. The four dissenting Justices interpreted the saving clause as allowing use of the California law to attack the anti-class arbitration contract provision. at 517; and id. Bank, 510 U.S. 86 (1993), District of Columbia v. Greater Washington Bd. Chicago & Northwestern Transp. An aggrieved party may petition the circuit court for review of the decision of the governing body on an appeal taken pursuant to this section. Sets a unique ID for the session. 2020, cc. Agritourism activities as defined in 3.2-6400; 2. 1975, c. 521, 15.1-496.1; 1983, c. 12; 1993, c. 780; 1995, c. 424; 1997, c. 587; 2005, cc. 17-290, slip op. The funds to which any locality may be entitled under the provisions of Title 33.2 for construction, improvement, or maintenance of primary, secondary, or urban roads shall not be diminished by reason of any funds remitted pursuant to this subsection by such locality, regardless of whether such contributions are matched by state or federal funds. A. 1978, c. 320, 15.1-491.1; 1997, c. 587. Used to determine whether the video-ads have been displayed correctly on the website - This is done to make video-ads more effective and ensure that the visitor is not shown the same ads more times than intended. WebAlso, a closely divided Court voided a city ordinance placing an 11 p.m. to 7 a.m. curfew on jet flights from the city airport where, despite the absence of preemptive language in federal law, federal regulation of aircraft noise was of such a pervasive nature as to leave no room for state or local regulation.53 Footnote City of Burbank v.

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