Judge Urged To Stop Imposition Of Restrictions Until They Can Be Fully Vetted

The federal government supports the issuance of a temporary restraining order to prevent the town of East Hampton, NY from implementing access restrictions at the East Hampton Airport (HTO). Town officials voted last month to impose various noise and access restrictions at HTO, the legality of which has been challenged by a number of aviation interests, including NBAA.

In a letter to Federal Judge Sandra Feuerstein of the Eastern District of New York, Kelly Currie, acting U.S. Attorney, Eastern District of New York, on behalf of the FAA, stated that a temporary restraining order is necessary in order to give the agency adequate time to study and respond to the implications of a federal lawsuit that questions whether the restrictions comply with federal law and FAA regulations.

The lawsuit was filed by the local organization Friends of the East Hampton Airport, as well as the Helicopter Association International and other parties, and was joined last week by NBAA. NBAA also is considering additional measures to ensure that its Members and other general aviation operators continue to have reasonable and reliable access to HTO.

“Please be advised that the FAA believes that the plaintiffs’ application to enjoin the town from enforcing the EHA [East Hampton Airport] restrictions should be granted,” notes the letter to the district court judge. “Indeed, an injunction is necessary so that the FAA can properly consider plaintiffs’ claims and the town restrictions, develop its position on the issues, and, should the FAA determine that the town restrictions are contrary to federal law(s) and/or FAA regulation(s) – and/or the court rules in favor of plaintiffs in the FAA action – commence appropriate enforcement action.”

Steven Brown, NBAA chief operating officer, noted that the FAA letter is a welcome sign that the agency is engaged and concerned about the announced restrictions at East Hampton Airport, even if it needs more time to study the issues.

“We appreciate the FAA’s engagement at HTO, which underscores the importance of the situation,” said Brown. "The East Hampton Airport is part of a national system of airports, and operational restrictions like those the town wants to impose present a threat to the national air transportation system.”

The district court will have a hearing on the temporary restraining order application on May 14.

(Images from file)

FMI: FAA Letter