On December 15, 2005, the FAA issued a Director's Determination concluding its investigation into flight training and other aircraft limits in effect at the Pompano Beach (Florida) Airpark. The Director found that prohibitions on intersection take-offs and stop-and-go operations and time-of-day limitations on touch-and-go operations, "taxi-back" operations and prolonged engine run-ups are unreasonable and unjustly discriminatory. While the Director stated that these limits have a negative impact on flight training, the basis for the Director's conclusion was that the City had failed to establish that the restrictions were necessary to address safety, efficiency or noise concerns. Pompano Beach immediately filed a motion requesting that the Director reconsider his decision. This case is likely to have far-reaching implications, since the restrictions in effect at the Airpark are similar to restrictions at airports throughout the country. Click on the link below to view and download a copy of the Director's Determination.

On September 30, 2005, the Department of Transportation Inspector General released a report which calls on the FAA to strengthen its oversight of land purchased by airports for noise compatibility purposes. The Inspector General found that all eleven airports that were audited were in violation of an FAA requirement that airports sell land when it is no longer needed for noise compatibility purposes. The report is certain to generate increased FAA attention to and enforcement of airport grant obligations in purchase of land for noise purposes. Click on the link below to view and download a copy of the Inspector General report.

On July 5, 2005, the FAA issued a final rule establishing a Stage 4 noise standard. After January 1, 2006, all applications for new aircraft designs must demonstrate compliance with Stage 4 noise levels. Stage 4 represents a 10 decibel reduction from Stage 3; however, this is a cumulative reduction over the three different phases of flight testing (fly-over, lateral and approach). Many aircraft manufactured today can meet Stage 4 with little or no adjustment. The FAA's imposition of Stage 4 is consistent with international efforts by the International Civil Aviation Organization (ICAO). Click on the link below to view and download a copy of the FAA's final rule.

On June 3, 2005, the D.C. Circuit upheld the Naples Airport Authority ban on stage 2 aircraft. The Appellate Court reversed the FAA decision that the ban was unreasonable. The D.C. Circuit found that the FAA did not have evidence to rebut the Naples Airport Authority's conclusion that the ban on stage 2 aircraft was justified. The FAA had argued that the stage 2 ban was illegal and had withheld the Airport Authority's grant funding on that basis. Click on the link below to view and download a copy of the opinion.

In February 2005, our client, the City of Burbank, agreed to a 10-year cease-fire in its sporadic 36-year old battle with the Burbank-Glendale-Pasadena Airport Authority. The peace treaty defers for at least 10 years the planning for a new terminal but allows the Airport Authority to purchase a nearby parking lot, to realign the Airport access road and to build routine projects for the next 7 years. The agreement was the result of almost a year of negotiations. Both sides concluded that nighttime noise relief and routine airport projects would be better accomplished if the City and the Authority cooperated rather than fought in the courts. The Authority committed to cooperate with the City in working toward nighttime noise relief. Click on the link below to view and download a summary of the complex and comprehensive deal.

On September 15, 2004, our client, Westchester County, New York, which has had a terminal capacity limit at the airport for 20 years, renewed the limitation after extensive negotiations with the carriers and the FAA. The County was able to renew the restrictions without complying with Part 161 after the FAA agreed that the restrictions are grandfathered and that recodification of the restrictions would not be more restrictive than those previously in effect. For a copy of the press release announcing the adoption of the new law. Click on the link below to view or download a copy of the local law.

On August 24, 2004, the FAA proposed modifications to the Airport Improvement Program grant assurances. The deadline for comments has expired but a final version has not been issued. Click on the link below to view and download a copy of the proposed changes.

In a January 20, 2004 decision, a Federal Court in Idaho dismissed a lawsuit against our client, the Friedman Memorial Airport (SUN), that challenged the airport's weight limit on use of its runways. The plaintiff, an operator of a Boeing Business Jet, claimed that the weight limit violated both the Airport Noise and Capacity Act and the Airport and Airway Improvement Act (AIP Grant Program). The court held that there is no private right of action under either statute -- meaning that a private party cannot sue an airport proprietor for violation of either law. The decision is important because it reinforces long-held views (that have never been considered by a court) that an aircraft operator cannot sue to require an airport to prepare a Part 161 study for a noise or access restriction. Click on the link below to view and download the court's decision.