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East Hampton

Unread postby jjbaker » Tue Jun 27, 2017 11:24 am

NBAA: Supreme Court's Decision on East Hampton Airport Reflects Long-Held National Aviation Policy

Contact: Dan Hubbard, 202-783-9360, dhubbard@nbaa.org

Washington, DC, June 26, 2017 – In a resounding victory for public-use airports nationwide, the U.S. Supreme Court has denied a petition filed by the town of East Hampton, NY, which sought the court’s review of a 2016 decision of the U.S. Court of Appeals for the Second Circuit.
View the U.S. Supreme Court letter denying the petition.

"This decision reaffirms the longstanding policy that America has a national aviation system, not one subject to a patchwork quilt of local regulations," said NBAA President and CEO Ed Bolen. "This national framework ensures that citizens, companies and communities can work together to meet the needs of all stakeholders. The court clearly understands that reality, and we welcome today's ruling.”
In an earlier decision, the Second Circuit had agreed with NBAA and other parties that the Airport Noise and Capacity Act of 1990 (ANCA) applies to all public-use airports, such as East Hampton Airport (HTO), and prohibits operational restrictions adopted by the town. For nearly two years, NBAA and Friends of the East Hampton Airport had argued that the town's adoption of noise and access restrictions was a violation of that federal law. Read more about the court's decision.
ANCA, which was specifically adopted by Congress to prevent access restrictions from being imposed on a piecemeal basis by airports across the country, requires airport operators to engage in detailed studies and obtain FAA approval for any noise-based and other access restrictions before they can be implemented.
The Second Circuit ruling, now left in place by the Supreme Court, holds that ANCA continues to apply to HTO.

The East Hampton litigation was triggered in April 2015, when the town adopted three, unique and selective restrictions for aircraft operations at HTO: 1) A year-round general curfew (11 p.m. - 7 a.m.); 2) A year-round extended curfew for "noisy" aircraft (8 p.m. - 9 a.m.), and 3) A summertime one-trip-per-week limit for the aircraft deemed by the town to be noisy.
In June 2015, a federal district court judge preliminarily upheld the town ordinances instituting the mandatory nighttime curfew, as well as the extended curfew on noisy aircraft, but preliminarily enjoined the town from imposing the one-trip-a-week restriction.
The Second Circuit issued its decision in November 2016, finding that, based on ANCA, the curfews also were impermissible, and on Jan. 11, 2017, the U.S. District Court entered an injunction based on the Second Circuit's ruling, prohibiting the enforcement of the curfews and other restrictions at HTO.
Bolen noted that helicopter operators, in particular, have even developed new routes to avoid noise-sensitive areas.
While applauding the Supreme Court’s denial of the town’s petition, Bolen said the association would continue to be vigilant regarding attempts to restrict access to the nation’s public-use airports. “NBAA will oppose any efforts to limit the utility of airports like HTO, as well as initiatives that seek to cripple the overall viability of the National Airspace System,” said Bolen.
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Founded in 1947 and based in Washington, DC, the National Business Aviation Association (NBAA) is the leading organization for companies that rely on general aviation aircraft to help make their businesses more efficient, productive and successful. The association represents more than 11,000 companies and provides more than 100 products and services to the business aviation community, including the NBAA Business Aviation Convention & Exhibition, the world's largest civil aviation trade show. Learn more about NBAA at www.nbaa.org.
Members of the media may receive NBAA press releases immediately via email. To subscribe to the NBAA press release email list, submit the online form.
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Re: East Hampton

Unread postby RKittine » Tue Jun 27, 2017 12:02 pm

The next challenge is when the grant covenants run out in total in 2021. In the meantime the pilots association has brought a suit against the FAA for formally telling the township that they would NOT enforce the covenants past those that expired last January.

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rkittine@aol.com WA2YDV
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