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British Airways Bd. v. Port Auth. of N.Y. & N.J.

ELR Citation: 7 ELR 20648
Nos. No. 76 Civ. 1276, 437 F. Supp. 804/10 ERC 1501/(S.D.N.Y., 08/17/1977) On remand

On remand from the Second Circuit, 7 ELR 20512, the court decides, after an evidentiary hearing, that the defendant's delay in determining whether existing noise regulations are applicable to the Concorde supersonic jet transport was excessive and unjustified and the consequent banning of the plane from John F. Kennedy (JFK) Airport was discriminatory, arbitrary, unreasonable, and harmful to the nation's domestic and international interests. The Port Authority had the right as an airport proprietor to establish reasonable noise regulations, but its failure to reasonably exercise this proprietary right resulted in its forfeiting its limited authority to regulate operations. The Post Authority's initial ban, imposed ostensibly in order to conduct a study of the environmental effects and to set noise standards, was indefinitely extended for inadequate reasons, and the Concorde is thereby being deprived of a chance to prove itself environmentally acceptable. There is no dearth of noise and vibration data and studies on the Concorde, and the studies commissioned by the Port Authority establish nothing beyond what was adequately considered in the federal government's environmental impact statement prepared in conjunction with allowing the plane to land in the United States. Plaintiffs are thus entitled to an injunction against the ban.

Counsel are listed at 7 ELR 20447, 20512.