Airport Noise

FAR Part 150 Noise Compatibility Programs

Represented numerous airport sponsors, local governments, and communities nationwide in preparing Part 150 noise compatibility programs and negotiating and funding noise mitigation measures, including Palm Beach International Airport, Fort Lauderdale International Airport, Seattle-Tacoma International Airport, Chicago O’Hare International Airport, and Harry Reid International Airport.

Flight Procedure Changes

Represented multiple governmental clients in addressing Federal Aviation Administration (FAA)-imposed flight procedure changes that concentrate aircraft over communities and noise-sensitive areas not previously exposed to routine overflights; advised clients during FAA feedback processes, and when necessary, litigated when implemented changes violated federal requirements. Representative cases include:

• Represent Palm Beach County, Florida, in challenging the FAA’s modification of flight procedures at Palm Beach International Airport that rerouted all aircraft away from the Mar-a-Lago Club and instead over communities not normally exposed to low-flying aircraft.
• Represented the City of Phoenix in precedent-setting litigation requiring the FAA to redesign flight procedures at Phoenix Sky Harbor International Airport, securing similar results in Los Angeles and the Seattle area; on behalf of the City of Los Angeles, obtained a rare Ninth Circuit writ of mandamus requiring the FAA to modify flight procedures after the Court found NEPA violations.

Inverse Condemnation and Nuisance Defense

Represent airport sponsors in defense of inverse condemnation and nuisance claims arising from airport operations, combining deep knowledge of federal preemption and regulatory principles with state court litigation expertise.

• Represent Jefferson County, Colorado, in defending against an inverse condemnation lawsuit brought by owners of approximately 200 residential properties claiming a taking of avigation easements due to aircraft overflight noise and other impacts from the Rocky Mountain Metropolitan Airport.
• Obtained dismissal of a lawsuit brought against Jefferson County, Colorado, by neighboring jurisdictions seeking to enjoin touch-and-go operations at Rocky Mountain Metropolitan Airport as a public nuisance; the Colorado Court of Appeals upheld the dismissal in part and reversed in part, with petitions for Colorado Supreme Court review pending.
• Defended the City of Chicago against inverse condemnation and nuisance claims arising from noise and vibrations from a new runway at O’Hare International Airport; narrowed the case through motions to dismiss and extensive plaintiff discovery, then secured summary judgment on statute-of-limitations grounds—a dismissal upheld on appeal.

City of Naples (Florida) Airport Authority Stage 2 Aircraft Ban

Represented the Authority in implementing a ban on noisy “Stage 2” aircraft—the only new noise rule adopted since enactment of the Airport Noise and Capacity Act (ANCA) in 1990; guided the Authority through ANCA’s complex administrative review process and defended the ban against constitutional challenges from industry groups; also represented the Authority in a rare Part 16 evidentiary hearing and won a D.C. Circuit decision that overturned the FAA’s initial adverse ruling and upheld the ban.

Minnesota Environmental Rights Act Settlement

Represented the City of Minneapolis in a challenge under the Minnesota Environmental Rights Act to the sound insulation program at Minneapolis-St. Paul International Airport, securing a settlement providing for City-desired noise mitigation.