Federal Court: Town Can Implement East Hampton Airport Restrictions

The federal court on Friday affirmed the Town of East Hampton’s legal right to adopt laws putting restrictions to address the problem of excessive airport noise at East Hampton Airport, town officials said.

The court noted that “it cannot be argued that the Town lacked the data to support a finding of a noise problem at the Airport.”

Federal District Court Judge Joanna Seybert upheld the Town’s legal authority to adopt restrictions to address noise problems, the fundamental issue in the litigation.

The court upheld two local laws instituting year-round curfews: one, a mandatory nighttime curfew, from 11 p.m. to 7 a.m., and the other, an extended curfew on noisy aircraft, from 8 p.m. to 9 a.m.

The court also enjoined third law imposing a one-trip-a-week restriction. A fourth law was not challenged.

Friends of East Hampton Airport filed a legal action in federal court in April seeking to prevent the implementing of the laws

Judge Seybert heard oral arguments on May 18, and at her request, the Town agreed to postpone enforcement of the laws pending Friday’s decision.

The plaintiffs challenged three of the laws under a number of federal statutes and constitutional claims.

The Judge reviewed each of the applicable laws and constitutional principles in considerable detail.

In her order, the Judge found there was no basis for enjoining the nighttime curfew and the extended curfew but issued a preliminary injunction against the law which would put one-trip-per-week restriction on noisy aircraft.

Enforcement of the local laws will begin on Thursday, July 2, at 12:01 a.m.

“The Court’s decision today is an important first step, but we must recognize that our opponents are well funded and will not give up easily,” Town Councilwoman Kathee Burke-Gonzalez said. “This will be a long process, not just for the pending case in federal court but also for the many other actions filed against operations at the Airport. In light of today’s ruling, however, we encourage our opponents to rethink their strategy. It’s time to do what’s best for the Town and adapt aircraft operations to fit our reasonable restrictions.”

“We are gratified that the court enjoined the one-trip limit, finding it to be drastic and unreasonable,” Loren Riegelhaupt, spokesman for the Friends of East Hampton Airport Coalition said in a statement. “We are carefully reviewing the decision and appellate options regarding the curfews.”