49 U.S.C. ยง 40103 (Sovereignty and Use of Airspace) establishes that the U.S. government has exclusive sovereignty over its airspace and gives the FAA Administrator the mandate to develop plans and policy for its use.
The comprehensive nature of federal aviation regulation means that state and local governments may not regulate in the fields of aviation safety or airspace efficiency. Any state or local law that attempts to control aircraft operations, such as flight paths or altitudes, is preempted by federal law. States and localities may, however, enact laws concerning land use, zoning, privacy, or law enforcement operations, provided these do not conflict with FAA regulations or impede the reasonable use of airspace
The following chronology documents events and contacts between airport customers, the FAA, the City of Torrance, and their outside counsel (Gatzke, Dillon & Ballance, LLP) regarding the City's encroachment on the FAA's exclusive authority (given them by Congress) to regulate the airspace over the United States.
8/12/1958: Torrance City Council adopted Ordinance 1004 (Airport) that contains the following restriction on airspace use: "Aircraft taking off to the west shall not turn left until they have either reached the ocean or attained an altitude of fifteen hundred feet." This became Torrance Municipal Code (TMC) Section 51.2.3(e)
The TMC prohibition on left turns was also discussed in a 1981 Airport Noise and Land Use Study by the City. No action was taken against pilots who did so at the time--other than maybe sending them a letter. Although the FAA financed the 1981 study, it should be noted that its introduction stated: "The contents do not necessarily reflect the official views or policy of the FAA."
As early as December 2009, the City began sending letters to pilots who "violated" TMC Section 51.2.3e, stating: "While the F.A.A. control tower may have authorized the above noted procedure it is a violation of the Torrance Municipal Code. Please be advised that violation of TMC section 51.2.3e is a misdemeanor subject to fine and/or jail."
1/12/2012: The Airport Commission requested that staff bring forward an item for discussion about the left turn prohibition. That resulted in an item in the March 8, 2012 Commission meeting on the subject. No recommendation was forwarded to the City Council.
7/1/2019: An airport customer wrote a letter to the City Attorney explaining that Congress had given the FAA exclusive authority to regulate the airspace in the United States and that "State and local governments are not permitted to regulate any type of aircraft operations, such as flight paths or altitudes, or the navigable airspace." No reply was received.
2/18/2020: An airport customer received a letter from FAA (Lorelei Peter) regarding TMC 51.2.3e stating that: "Because the Torrance code provision applies to aircraft in flight, it is not consistent with the Federal statutory and regulatory framework described above. Enforcement of the provision would be at odds with various court opinions. As noted, state and local governments lack the authority to regulate airspace use, management and efficiency; air traffic control; and aircraft noise at its source. Federal courts have found that a navigable airspace free from inconsistent state and local restrictions is essential to the maintenance of a safe and sound air transportation system. The letter was shared with City management and the City Attorney.
8/9/2022: The City met with several FAA attorneys regarding Division 5, Chapter 1, Article 2, Section 51.2.3e (left turn restriction) of the City of Torrance's Municipal Code, "Take Offs and Landings" The meeting was memorialized in a letter to the City Attorney from the FAA Chief Counsel's office (Sara Mikolop). It again stated the FAA's exclusive authority to regulate the airspace and referenced their letter to an airport customer on 2/18/2020.
9/20/2022: Gatzke, Dillon & Ballance, LLP wrote to the FAA (Sara Mikolop) to state the City's position that it did have authority to regulate the airspace at the Torrance Airport.
12/16/2022: The FAA (Sara Mikolop) responded to the arguments made in Gatzke, Dillon & Ballance's letter of 9/20/2022, again reiterating the FAA's exclusive authority to regulate airspace and stating that the City had no authority to do so. The Torrance City Attorney was copied on the letter.
9/8/2023: A joint letter to the Torrance City Attorney from the General Counsels of the Aircraft Owners & Pilots Association, Helicopter Association International, National Business Aircraft Association, and National Air Transport Association advised him about the exclusive authority to regulate the U S airspace and listed many court decisions supporting that authority. FAA (Mark McClardy WP Region) and Joseph Manges (Chief Counsel Office) were copied on the letter.
1/23/2024: AOPA (Justine Harrison) wrote the Torrance City Attorney to express its deep concerns and objections to the City's staff recommendations to adopt an ordinance amending Torrance Municipal Code Article 5 to regulate touch (and stop) and go landings, full stop-taxi backs, and low approaches (including missed approaches and aborted landings) at the Torrance Airport.
2/6/2024: The Torrance City Council adopted Ordinance 3930 which:
3/8/2024: Torrance Airport Association (TAA) filed a Petition in Superior Court seeking to cancel the unnecessary and discriminatory landing fees. The case was removed to Federal Court. A hearing is scheduled for 2/2/2026.
4/22/2024: Zamperini Airfield Preservation Society (ZAPS)--an Unincorporated Organization-filed a Petition in Superior Court seeking to invalidate the restrictions imposed under Ordinance 3930 which bans or restricts airport operations in conflict with the FAA's exclusive authority to regulate US airspace. The case was removed to Federal Court. A hearing was scheduled for 10/21/2025, but on 10/14/2025 the judge paused the proceedings in order for her to review the 15,000 pages of documentation. Another hearing has not yet been scheduled.
6/12/2025: An airport customer wrote to the City Council to advise that the current TMC Sections 51.5.5 - 51.1.8 (as well as the changes proposed in Item 10B on the 6/17/2025 agenda) illegally attempted to regulate "low approaches." The writer noted that many times before, the Council had been advised that the FAA has exclusive authority to regulate the navigable airspace in the United States.
10/28/2025: An airport customer wrote to the City Council to remind them that the FAA has exclusive authority to regulate the airspace and that states and cities do not.
11/4/2025: Torrance City Council agendized an amendment to the Torrance Municipal Code Chapter 1, Division 5, Article 7 "Enforcement" to punish pilots and aircraft owners for "violations" of the airport operational restrictions (early left turns, touch-and-goes, full-stop-taxi-backs, missed approaches and low approaches). It was cancelled just prior to the Council meeting and was deferred to the 12/2/2025 meeting.
12/2/2025: Torrance City Council voted unanimously to adopt the amendment to the Torrance Municipal Code Chapter 1, Division 5, Article 7 "Enforcement" to punish pilots and aircraft owners for "violations" of the airport operational restrictions (early left turns, touch-and-goes, full-stop-taxi-backs, missed approaches and low approaches).