ELR Citation: ELR 20840
No(s). 92-6237 (2d Cir. Apr 14, 1993)

The court upholds a National Park Service (NPS) regulation that rescinds a community's exemption from a general ban prohibiting the operation of seaplanes and amphibious aircraft on land or water throughout the Fire Island National Seashore in New York. The community of Robbins Rest had been exempted from the general seaplane ban in order to facilitate travel to Fire Island. In 1985, based on representations by the community association that a majority of the homeowners favored rescission and after following proper regulatory procedure, the NPS rescinded the exemption. A homeowner, who is also a seaplane owner and pilot, challenged the rescission. The court holds that federal courts have subject matter jurisdiction to review whether the NPS' actions were undertaken without adequate investigation or whether the actions were detrimental or unrelated to preserving the island's environment. Although the NPS has been granted broad discretion, it does not have unfettered authority without judicial oversight. The court next holds that given the legitimate public concern about the noise and potential danger generated by seaplanes, it was neither arbitrary nor capricious for the NPS to grant the rescission. The court also holds that it was not arbitrary or capricious for the NPS to rely on public approval or disapproval in making its decision, and the NPS articulated a rational basis for the regulation.

Counsel for Plaintiff-Appellant
Burton C. Agata, Prof.
Hofstra University
School of Law
121 Hofstra University, Hempstead NY 11550
(516) 463-5869

Counsel for Defendant-Appellee
Robert L. Begleiter, Ass't U.S. Attorney
U.S. Attorney's Office
U.S. CtHse., 225 Cadman Plaza E., Brooklyn NY 11201
(718) 330-7106

Altimari, J. (before Oakes and Mahoney, JJ.)