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STATE v. METROPOLITAN AIRPORTS COM'N

No. C9-93-854.

520 N.W.2d 388 (1994)

STATE of Minnesota by MINNESOTA PUBLIC LOBBY and by South Metro Airport Action Council, Respondent, v. METROPOLITAN AIRPORTS COMMISSION, Petitioner, Appellant, and Air Transport Association of America, Intervenor, Petitioner, Appellant.

Supreme Court of Minnesota.

August 5, 1994.

Attorney(s) appearing for the Case

Michael Berens, Kelly & Berens, Minneapolis, and Jonathan H. Bloomberg, Lucinda E. Jesson, Oppenheimer, Wolff & Donnelly, St. Paul, and Thomas W. Anderson, Gen. Counsel, Metropolitan Airports Com'n, Minneapolis, for Metro. Airports Comm.

Thomas Tinkham, Paul B. Klass, Jean F. Holloway, Creighton R. Magid, Dorsey & Whitney, Minneapolis, for Air Transport Assoc. of America.

Thomas H. Goodman, Jordan M. Lewis, Siegel, Brill, et al., Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Eldon G. Kaul, Lisa R. Tiegel, Asst. Attys. Gen., St. Paul, for amicus curiae State of MN.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

In this case, we are asked to determine whether the Minnesota Pollution Control Agency's (MPCA) noise standards are preempted by federal law as applied to the Metropolitan Airports Commission's (MAC) operation of the Minneapolis-St. Paul International Airport (MSP). Two nonprofit organizations, Minnesota Public Lobby (MPL) and South Metro Airport Action Council (SMAAC), brought this action in the name of the State of Minnesota

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