The U.S. Court of Appeals 2nd Circuit heard oral arguments last week in an appeal of a July 2015 District Court decision that upheld mandatory curfews at East Hampton Airport. NBAA joined the Friends of the East Hampton Airport and local operators in filing a brief on February 3 seeking to overturn the decision that permitted the curfews to stand.
The central issue in the case is whether the Airport Noise and Capacity Act of 1990 (ANCA) continues to apply at the airport, as well as require most noise and access restrictions to be approved by the FAA, despite the town’s intent to no longer accept federal Airport Improvement Program grants. The appeals court’s decision could be issued by early fall, NBAA said.
NBAA and its allies argue that all of the restrictions adopted by the town of East Hampton in April 2015 violate ANCA. “The success of aviation—general aviation and commercial aviation—depends on having a uniform and consistent set of rules," said NBAA director of airports and ground infrastructure Alex Gertsen. “East Hampton asserts that ANCA is not applicable. However, that conflicts with the plain text of the statute and FAA regulations.”