Vanderhoef Considering Legal Action Against Airspace Redesign Plan

Rockland County, NY Executive C. Scott Vanderhoef announced Wednesday the law firm of Holland & Knight of New York and Washington, DC, has been chosen to investigate possible legal action against the Federal Aviation Administration in overturning the environmental review process for its New York/New Jersey/Philadelphia Metropolitan Airspace Redesign Project.

Vanderhoef said he would ask counties and municipalities affected by the redesign plan to join any potential action Rockland County may take against the FAA. A regional effort against the airspace redesign plan would help make a stronger case against the FAA and could also spread the costs of a lawsuit among a larger base of taxpayers outside Rockland County, according to the city of Rockland.

"This may be a 'David and Goliath' fight, but I believe it is a fight we have a chance of winning, particularly if we present a united front against the FAA," Vanderhoef said.

"We fully intend to pursue this challenge legally with every resource available to us. We believe that Holland & Knight is uniquely qualified to help us get this plan overturned or eliminated completely."

As ANN has reported, the FAA has almost completed a project that has spanned the last 10 years to change air traffic patterns in a 31,000-square-mile area covering five states that includes New York, according to the Journal News.

In order to meet growth and efficiency goals, the FAA plan will require 200-600 flights per day to be redirected over Rockland, at an altitude of 5,000-6,000 feet.

Vanderhoef said Holland & Knight was chosen from four firms that responded last week to the County's Request for Proposal because of its expertise in FAA regulation, National Environmental Policy Act (NEPA) review, and aviation and environmental litigation issues as well as federal legislative advocacy.

"We are fully aware of the advanced stage of the FAA's decision-making process and…are fully committed to devoting all the resources necessary to mount an aggressive challenge on behalf of the County," a letter from the firm's proposal stated.

Vanderhoef has said that the FAA's final environmental impact statement (FEIS), filed August 3, did not adequately address the potential noise impact to Rockland residents and offers no provision for noise reduction in its "Purpose and Need" statement, possibly causing it to be in violation of the Aviation Safety and Capacity Expansion Act of 1990.

FMI: www.co.rockland.ny.us, www.faa.gov