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Noise Management and Public Response 91 Environmental Desk Reference (2007) (143) The FAA released a reference document late during 2007 that was intended to provide applicable special purpose laws relating to envi- ronmental evaluations in a single location for FAA staff, airports, and preparers of environ- mental documentation. It presents the information based on the 23 environmental categories typically included in an Environmental Impact Statement by providing information in each of the following sections: 6-5 Introduction and Definitions Applicable Statutes and Implementing Laws or Regulations Applicability to Airport Development Actions Permits, Certifications, and Approvals Environmental Compliance Procedures Environmental Analysis Determining Impacts Determining Impact Significance Environmental Impact Statement Content The Part 150, Airport Noise Compatibility Planning process, has evolved over the years since its initiation, but the guidance document (FAA Advisory Circular 150-5020-1) (144) is outdated. An update is in preparation, with completion and release expected during 2008. The reader may find the documentation provided in the current Part 150 planning guidance of use. 6-6 The 14 CFR Part 161, Notice and Approval of Airport Noise and Access Restrictions (138), requirements are often cited by the public as a mechanism for airports to implement curfews, noise level limitations, runway use requirements and similar actions as a means of abating noise in communities. The regulation is provided on the accompanying Toolkit. 6-7 State and Local Action Several states and communities have established environmental regulations similar to those enacted by the NEPA, for environmental review, or for land use management. For airports, these regulations are frequently focused on reporting the effects of current environmental conse- quences on surrounding communities. There may be differences between the standards adopted by the FAA in its Order 5040.4B regarding levels of significance, or there may be additional reporting required for airports within the state. Frequently, the anticipated future consequences of airport development projects must be reported against current conditions (under NEPA, future consequences are reported against future baseline conditions). Owing to the great diver- sity between state and local programs, the airport manager should establish contact with local legal advice and assistance of State aviation organizations to assure that state and local require- ments are met for the evaluation of aircraft noise. In general, courts have established federal preemption over state and local actions to restrict noise associated with aircraft in flight. The U.S. Supreme Court (City of Burbank v. Lockheed Air Terminal (1973) (441 U.S. 624, 93 S.Ct. 1854, 36 L.Ed.2d 547) (145) opened the door to the theory that communities cannot use police powers to control aircraft noise if the community is not the owner or operator of the airport. Further, the U.S. Court of Appeals found in Leudtke v. County of Milwaukee (1975) (7th Cir.; 521 F.2d 387) (146) that the airport and the airlines could not be held liable for violation of a state law if operations were con- ducted in compliance with federal laws and regulations (subsequently, the preemption of state-law relief was expressly overruled). Extensive additional information on these and similar cases, with an emphasis on federal and California litigation, may be found at http://