United States Second Circuit

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Friends of The East Hampton Airport,Inc v. Town of East Hampton, 15-2334

In a suit challenging a Town's regulation of flights at a local airport by adopting noise and access restrictions at the airport, the District Court order is affirmed in part and vacated in part and remanded where: 1) District Court properly exercised federal equity jurisdiction to hear plaintiffs' claim that enforcement of the challenged Local Laws is barred by preemptive federal aviation law; 2) Federal law mandating procedures for the enactment of local laws restricting noise and access to public airports, see 49 U.S.C. section 47524(b) and (c), applies to public airports without regard to their eligibility for federal funding; and 3) Because it is undisputed that the defendant Town enacted the Local Laws at issue without complying with section 47524 procedures, those Local Laws are federally preempted, and plaintiffs are entitled to a preliminary injunction barring their enforcement.

Appellate Information

  • Decided
  • Published 2016/11/04

Judges

  • RAGGI

Court

  • United States Second Circuit

Counsel