Indefinite Ban Against Concorde Landings at New York Airport Overturned as Unreasonable

October 1977
Citation:
7
ELR 10195
Issue
10

On August 17, the federal district court in New York enjoined1 the Port Authority of New York and New Jersey from banning test flights of the Concorde SST into John F. Kennedy (JFK) International Airport because of the plane's noise impacts after finding the ban to be an unreasonable exercise of the proprietary powers of airport owners. This decision, along with an earlier Second Circuit ruling remanding2 the case to the district court for a factual determination as to whether the ban constituted an unreasonable burden on interstate commerce, adds an interesting gloss limiting the proprietary regulatory powers implicitly left to municipal airport operators in the Supreme Court's 1973 decision in City of Burbank v. Lockheed Air Terminal.3

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