42 U.S.C. § 7573
State standards and controls
No State or political subdivision thereof may adopt or attempt to enforce any standard respecting emissions of any air pollutant from any aircraft or engine thereof unless such standard is identical to a standard applicable to such aircraft under this part.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1980–2026 · leading case: People of the State of California, Etc. v. Dep't of the Navy, 624 F.2d 885 (9th Cir. 1980).
People of the State of California, Etc. v. Dep't of the Navy, 624 F.2d 885 (9th Cir. 1980). “§ 7545 ), and aircraft and aircraft engines ( 42 U.S.C. § 7573 ). This suit involves the last provision: Clean Air Act § 233, 42 U.”
Harbor Fumigation, Inc. v. Cnty. of San Diego Air Pollution Control Dist., 96 Cal. Daily Op. Serv. 1878 (Cal. Ct. App. 1996). “) In Navy, the Navy contended its test cells were exempt from ARB regulation, citing section 233 of the Clean Air Act ( 42 U.S.C. § 7573 ) which in 1980 provided: “No State or political subdivision thereof may adopt or attempt to enforce any standard respecting emissions of any…”
Codoni v. Port of Seattle (W.D. Wash. 2024). “21 Defendants also argue that Section 233 of the CAA ( 42 U.S.C. § 7573 ) 22 expressly preempts Plaintiffs’ claims.”
Town of Superior v. Bd. of Cnty. Commissioners of Jefferson Cnty. (Colo. Ct. App. 2026). “The division remands the case to the district court to determine whether the plaintiffs’ request for an injunction to abate lead emissions is preempted by the Clean Air Act, 42 U.S.C. § 7573 . COLORADO COURT OF APPEALS 2026COA14 Court of Appeals No.”
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