Aviation Companies, Advocacy Groups File Lawsuit Against FAA, East Hampton Airport

Several aviation companies and advocacy organizations filed lawsuits against the Federal Aviation Administration and the Town of East Hampton on Thursday in order to resolve critical safety and security gaps at, and preserve equal access to, East Hampton Airport.

Friends of East Hampton Airport first filed an action in federal district court asking the court to determine that the Federal Aviation Administration (FAA) did not have the authority to waive congressionally mandated grant assurances prior to the termination of their original 20-year commitment.

Second, the coalition filed a complaint with the FAA alleging that the Town of East Hampton has failed to close critical safety and security holes at the airport.

“Our coalition is eager to work with the Town, the FAA and our fellow residents to help resolve complaints related to noise, but we won’t do it in a way that compromises safety or violates federal law.” Loren Riegelhaupt, spokesman for the Friends of the East Hampton Airport coalition said. ”Unfortunately, the Town has refused to change course and we are forced to take these and future actions to ensure that the airport remains safe, secure, and operational.”

The Town of East Hampton, owner and operator of East Hampton Airport, received a $1.4 million grant from the FAA in 2001 which bound the Town to live up to its commitments under the assurances through 2021.

However, in 2005, the FAA reached a settlement agreement with a local organization opposed to expansion at the airport (not the Town) in which the FAA, among other things, agreed not to enforce the assurances related to preserving equal, non-discriminatory access to the airport after December 31, 2014.

In the first court filing, the coalition argued that the FAA lacks the authority to waive grant assurances – an argument that the FAA itself has previously advanced.

The coalition said that the inconsistency in the FAA’s position must be resolved quickly because the Town is actively considering the imposition of discriminatory restrictions as to the times, number and type of aircraft that can access the airport now that the FAA has putatively stopped enforcing the equal access assurances.

In the second filing, submitted to the FAA, asks the administration to direct the Town to resolve critical safety and security gaps at the airport. Some of the safety and security issues raised by the coalition include failures to:

· Maintain several runways in operational and safe condition

· Remove hazardous obstructions to the airport, including trees

· Prevent the deterioration of various airport ramps

· Construct fence to secure airport from trespassers and deer

· Replace entire 20-year old lighting system on Taxiway A

“ Waiving the FAA grants and imposing restrictions not only would place the flying community at risk, but it would hurt homeowners, who would inevitably see their taxes increase as the town struggles to support an underfunded and unsafe airport,” Friends of East Hampton Airport wrote in a press release.

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