In the case of City of Burbank et al. v. Lockheed Air Terminal, Inc., et al., 1972, the U.S. Supreme Court ruled that local governments do not have authority to regulate aircraft noise levels because it falls under federal jurisdiction as per the Federal Aviation Act and Noise Control Act. The dispute began when Burbank city in California imposed a curfew on takeoffs and landings at an airport owned by Lockheed Air Terminal (now Bob Hope Airport) between 11 p.m. and 7 a.m due to noise complaints from residents living near the airport area. However, Lockheed challenged this ordinance arguing that only federal authorities had power over such matters related to air traffic control including noise regulation for safety reasons which was upheld by Supreme Court with a majority decision stating that uniformity in these regulations across states is necessary for efficient use of airspace.

In the dissenting opinion for City of Burbank v. Lockheed Air Terminal, Inc., Justice William Rehnquist disagreed with the majority's view that federal law preempts local regulation of airplane noise. He argued that Congress did not intend to exclude states and municipalities from participating in regulating aircraft noise when it passed the Federal Aviation Act. The act itself does not explicitly preempt state or local control over this issue, nor is there any evidence suggesting such an intention by lawmakers during its drafting and passage. Furthermore, he pointed out that historically, police power over issues like noise control has been reserved for states and municipalities rather than being a federal concern. Therefore, according to him, Burbank should be allowed to enforce its ordinance restricting night flights at Lockheed’s airport due to excessive noise pollution.