East Hampton Town Appeals Supreme Court Injunction That Keeps Airport Open To Public

EAST HAMPTON, NY — The East Hampton town board gave a review on the status of the airport at its last town board meeting.

During the meeting, a current status on litigation against East Hampton regarding airport operations was given — and next steps were outlined.

"The East Hampton town board continues to pursue solutions to satisfy community concerns about noise and other environmental impacts related to aviation and use of the East Hampton Town Airport," officials said.

Giving a history of what has transpired so far, the town said its grant assurances, or agreements with the Federal Aviation Administration, based on the town's acceptance of federal airport funds, had expired in the fall of 2021.

The town worked with the FAA for years to chart a path forward with an eye toward local decision-making, increased local control over operations, and involving the public in the process.

To that end, community engagement was sought through several work sessions in 2020 and
2021, and four focused community engagement sessions in fall 2021. During that time, the town board said it found that a majority of East Hampton residents would like to see "significant change at the airport to address noise and environmental issues — or, if not possible, airport closure" with privatization sought.

East Hampton Town sought to study the impact of reasonable restrictions at the airport
during the 2022 summer season, as required by the New York State Environmental Quality
Review Act, or SEQRA, officials said.

Several entities sued the town, and a temporary restraining order was issued in May 2022
that precluded the town from modifying airport operations and implementing the SEQRA
study of reasonable airport restrictions, the town said.

Among those who sued the town were Blade, a commercial aviation operator, as well as Montauk residents; East End Hangars, including airport tenants and local individuals; and Coalition to Keep East Hampton Airport Open, including local residents and aviators.

Those commencing litigation claimed that the town violated SEQRA and a federal aviation
statute, the Airport Noise and Capacity Act of 1990, town officials said.

The town opposed the claims, saying that SEQRA permits the town to collect data and study the impact, if any, of modification or closure at the airport, as contemplated by the town; also, officials said, ANCA did not apply.

On October 19, 2022, the Suffolk County Supreme Court ruled against the town on the cases. The full court decision can be found here.

The town filed a notice of appeal on November 9.

Other pending court action include state court action by East Hampton resident Manny Vilar; state court action by Long Island Airlines; federal court action by the National Business Aviation Association; and FAA Part 16 action by Curtis Air Taxi.

Following the Suffolk County Supreme Court ruling, the town will immediately re-initiate the SEQRA process, town officials said.

"An environmental impact statement that analyzes possible impacts from airport use restrictions or other decisions that the town might make about the airport, when legally possible, will be prepared," town officials said. "The town board is resolved to comply with all applicable laws and court rulings while continuing to act on behalf of the community that has expressed a desire for changes that will reduce the negative impacts of the airport on East Hampton residents."