The Town of East Hampton took another step today to fight back against helicopter noise, appealing a Supreme Court injunction against the town law that would restrict noisy aircraft operations at the town’s airport to one trip a week.
Back in April, the East Hampton town board adopted three local laws meant to impose use restrictions on airport operations.
Opponents slapped the town with a lawsuit in federal court; in late June, Federal District Judge Joanna Seybert placed an injunction on the one restriction that would restrict trips to once a week. The other two laws have been in effect and enforced since July 2.
“We believe all three laws are lawful and necessary to protect the quality of life on the East End,” East Hampton Town Supervisor Larry Cantwell said today. “These three laws are the result of careful, thoughtful and transparent balancing by the town board. We are hopeful that the Court of Appeals will recognize that all three laws are essential to address the problem of excessive aircraft noise.”
The three use restrictions were intended to work together to curb aircraft noise and provide relief to residents, he said.
North Fork residents have long cried out about the helicopter noise they say is shattering their bucolic quality of life.
The one trip per week restriction was meant to limit the noisiest aircraft during the summer season, when residents and visitors alike hope to enjoy being outside, Cantwell said.
“The town board is committed to defending its legal right to adopt these reasonable, non-arbitrary, and carefully balanced restrictions at the airport,” the town said in a release today. To that end, the town has retained Kathleen M. Sullivan, an appellate attorney with Quinn Emanual Urquhart and Sullivan , LLP, to work with its airport counsel, Kaplan Kirsch Rockwell, LLP, the release stated.
Earlier this month, Federal District Court Judge Joanna Seybert 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. until 9 a.m.
The court, however, placed a temporary injunction on the third law, which would have imposed a one-trip-per-week restriction.
“We’re pleased that the judge has acknowledged that the town was justified in adopting restrictions to provide relief to the growing number of people who are negatively affected by airport noise. Although we regret that one of the key laws cannot be enforced for the time being, we are gratified that the court recognized that the law allows the kinds of restrictions that are essential to protect the residents of this town,” Cantwell said in an earlier release.
The judge noted “it cannot be argued that the town lacked the data to support a finding of a noise problem at the airport.”
Residents, meanwhile, were frustrated and said the ruling wouldn’t help much: “This is not what we need to provide us true relief,” said Mattituck resident Teresa McCaskie, who’s been working diligently for months on the effort. “I am confident that helicopter companies will now look into leasing or buying bigger equipment to accommodate more passengers and they will cram more flights to beat the curfews. We needed to limit the total amount of flights coming in and out of the airport in order for this to be a true success, combined with much quieter equipment.”
Southold Town Councilman Bob Ghosio, the town board liaison to the town’s helicopter committee, said while he was pleased that the court upheld East Hampton’s curfews, he feels not limiting the amount of flights could make for a more concentrated barrage of noisy flights trying to get in before the curfew. “It’s a step in the right direction, though. Southold Town’s helicopter committee still advocates that the FAA establish a flight path that stays off shore and goes around Plum Island. That would be the best solution for those on the North Fork impacted by the aircraft noise going the the South Fork. ”
In April, after months of public outcry and many meetings on the East End to address the escalating and controversial issue, the East Hampton town board voted to adopt legislation that will prohibit use of the airport in East Hampton between the hours of 11 p.m. and 7 a.m. In addition, use of of the airport by noisy aircraft is prohibited between the hours of 8 p.m. and 9 a.m. Finally, more than two uses of the airport by a noisy aircraft during a calendar week was prohibited.
A much-debated fourth restriction, which would have banned all helicopter traffic on weekends, from Thursday to Monday during the height of the summer season, was ultimately not included in the vote.
Not even a week after East Hampton adopted the legislation to curb helicopter noise on the East End, the town was slammed with a lawsuit by the Friends of East Hampton Airport, as well as several corporations, stating that the new restrictions were unreasonable and violated the United States Constitution.
In adopting the restrictions, the complaint stated, “the town has knowingly and purposefully transgressed the bounds of its extremely limited authority.” The complaint also said that the restrictions would cause “serious and irreparable harm” to businesses that depend upon the business generated by the airport; the restrictions will also cause neighboring airports to become congested, the complaint states.
According to East Hampton Town, “The complaint cites several federal laws and provisions of the U.S. Constitution, but conveniently forgets what makes these restrictions unique.”
East Hampton, the town’s statement added, “is fully prepared for this litigation and will vigorously defend its legal and constitutional right to impose reasonable, non-arbitrary, and carefully balanced restrictions.”
The adopted legislation came after a helicopter noise forum held last year in Southold and the formation of a helicopter noise steering committee.
Change came after a new board in East Hampton proved receptive to the cries of its East End neighbors: On December 31, the town of East Hampton let expire four FAA grant assurances, taking back the reins in terms of overseeing its airport. For years, East Hampton had its hands tied and could not regulate hours of operation and number of flights after accepting funding from the FAA.
Last year, although the federal rule requiring Hamptons-bound helicopters to fly over the L.I. Sound along the north shore was extended for two years by the FAA in June, the FAA did not adopt a proposal endorsed by New York State Senator Charles Schumer and former Congressman Tim Bishop to require helicopters to stay off-shore and fly around Orient Point and Shelter Island to the South Fork. Riverhead Town Supervisor Sean Walter first argued for that route in 2010, but got no response.
