Tag Archive: curfews

Will the Supreme Court take on airport noise?

Photo credit: Matthew Grapengieser

East Hampton Petitions U.S. Supreme Court to Hear Airport Noise Case. Beth Young, East End Beacon, reports that East Hampton Town filed a petition for writ of certiorari asking the Supreme Court to overturn an appeals court decision on the town’s proposed airport noise regulations “that would rob East Hampton and thousands of other local airport sponsors of their ability to manage their airport, in the best interests of their residents.”  Young writes that in April 2015 the town adopted two local laws that established year-round curfews–a mandatory nightime curfew and an extended curfew on noisy aircraft–and “also enacted a third law imposing a one-trip-a-week restriction on noisy aircraft.”

The laws were challenged by “a group of aviation advocates.”  The district court upheld the two curfews but “issued a preliminary injunction against the one-trip-per week limit.”  On appeal, the Second Circuit issued a preliminary injunction blocking all three three local laws.  According to Young, “[t]he town maintains it has the right to exert local control over its airport after not taking federal funds for upkeep of the airport for several years.”  Said Town Supervisor Larry Cantwell in a press release Monday afternoon:

We followed the FAA’s advice and elected to forgo federal funding so that we could protect our residents. We engaged in a lengthy public process to identify meaningful but reasonable restrictions, and the District Court agreed that we met that test. But, 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. We cannot let that decision stand.

The town filed its petition on March 6th, and the response is due on April 5th. In the event that the Supreme Court rejects the town’s petition, it will pursue other avenues for relief. Said East Hampton Councilwoman Kathee Burke-Gonzalez,”[t]he town board is pursuing all avenues for redress – both in the courts and in Congress – and we will continue the fight until we regain local control of East Hampton Airport.”