Petitioners File Reply Brief in East Airspace Redesign Case

Posted on March 8, 2009 by Chevalier, Allen & Lichman, LLP

On Friday, March 6, 2009, the Joint Petitioners in the East Coast Airspace Redesign case now pending in the D.C. Circuit Court of Appeals, filed their Reply Brief, arguing that the FAA failed to comply with 4(f) of the Department of Transportation Act, the Clean Air Act and NEPA.

The Reply Brief takes the FAA to task for failing to consult with the state and local authorities regarding the tremendous impact that the Airspace Redesign will have on "4(f) properties," that is, state and local parks, and wildlife preserves.  It also points out that the FAA is in violation of the Clean Air Act, because it failed to establish that the Airspace Redesign would conform with the Clean Air Act.  Finally, the Reply Brief, argues that the FAA violated NEPA by not following its own regulations concerning aircraft noise in assessing the noise impacts of the Airspace Redesign.

Briefing for the case is now completed and oral argument is scheduled for 9:30 a.m.. on May 11, 2009, in front Judges Sentelle, Ginsburg, and Randolph at the E. Barrett Prettyman United States Courthouse, 333 Constitution Ave. NW, Washington, D.C..  Senators Dodd (D - Conn.) and Specter (R - Pa.) filed a amicus curiae brief supporting the Petitioners' Petition for Review to have the Airspace Redesign vacated and remanded back to the FAA.  The New Jersey Attorney General, Anne Milgram also filed an amicus brief in support of the Petitioners.

Other Posts regarding this Litigation:

 

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Sens. Specter and Dodd file a Joint Amicus Brief in East Coast Airspace Redesign Litigation

Posted on September 8, 2008 by Chevalier, Allen & Lichman, LLP

Senator Arlen Specter (R-Pa.) and Senator Christopher Dodd (D-Conn.) filed a amicus curiae brief on Friday, September 5, 2008. 

The Brief makes three arguments: how the FAA did not give appropriate weight to noise reduction in balancing the alternatives for the Airspace Redesign Project, how the FAA failed to give appropriate weight to noise reduction, which is inconsistent with Congressional Intent, and how the FAA's current interpretation that safety and efficiency are much more important than noise reduction is inconsistent with its prior interpretations of the relevant statutes.

The Senators in their brief point to several instances where Congress directed the FAA to protect exposed populations from the harm of aircraft noise, concluding that "given this history, the FAA's policy of considering noise mitigation only 'where feasible' cannot withstand scrutiny."  Likewise, the Senators point out that members of Congress have "criticized the FAA for the lack of weight afforded to noise reduction as a goal of the redesign plan."  Thus, the Senators conclude, the FAA "failed to heed its mandate to integrate noise reduction with its other laws, regulations, and policies for the redesign plan.

The FAA's Brief is due December 12, 2008.

News Articles regarding the amicus Brief by Sens. Specter and Dodd:

Delaware County Daily Times, September 8, 2008.

Danbury News Times, September 8, 2008.

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