[Archive Home][Date Prev][Date Next][Index]
"New York officials ask Supreme Court to review airport noise case"
Wednesday, March 8, 2017
East Hampton officials ask Supreme Court to review airport noise case
By Rachelle Blidner
East Hampton Town officials are asking the U.S. Supreme Court to overturn a
lower federal court decision that struck down its airport curfew laws and to
give the town control of the airport where noise complaints rise in the summer.
Town officials said they filed a petition with the nation's highest court on
Monday in an effort to reinstate laws that restricted late-night and
early-morning flights - and thus reduce noise - at East Hampton Airport in
"We have fought long and hard to protect our quality of life and it is too
important to let the court of appeals undermine that," Councilwoman Kathee
Burke-Gonzalez said in a statement Monday.
Town officials had vowed to take the case to the Supreme Court after the Second
U.S. Circuit Court of Appeals ruled Nov. 4 to throw out laws that prohibited
all flights between 11 p.m. and 7 a.m. and noisy aircraft flights between 8
p.m. and 9 a.m.
In a 3-0 opinion, the appeals court panel determined town officials failed to
comply with procedures under the federal Airport Noise and Capacity Act, which
requires aircraft operators to have a chance to be heard.
Town Supervisor Larry Cantwell disputed the appeals court finding, saying the
town "engaged in a lengthy public process to identify meaningful but reasonable
"With the stroke of a pen, the appeals court decision has federalized our
airport and stripped us - and the thousands of similarly situated airports - of
the ability to exert local control," Cantwell said in a statement issued
Monday. "We cannot let that decision stand."
The town board in April 2015 adopted three curfew laws, including one that
restricted noisy aircraft from flying more than one trip per week between May
and September. It also stopped accepting federal funding for the airport in
order to retain control over operations, Cantwell said.
A group of helicopter pilots, aviation businesses and their allies sued the
town on April 21, 2015, arguing the curfew rules were illegal.
U.S. District Court Judge Joanna Seybert in the Eastern District of New York in
Central Islip upheld the two curfew laws that prohibited late-night and
early-morning flights but struck down the third that limited the number of
flights. The coalition that initially sued the town filed an appeal.
After the appeals court ruling, town officials refunded about $10,000 collected
in curfew-violation fines.
The Supreme Court agrees to review only about 100 to 150 cases of 7,000
petitioned every year, according to the U.S. Courts website.
Do you have an opinion about this story?
Share it with other readers in our CAA Discussion Forums
Fair Use Notice
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of political, human rights, economic, democracy and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.html. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.
If you have any queries regarding this issue, please Email us at firstname.lastname@example.org