ELR Citation: ELR 20876
No(s). 83 Civ. 4023 (S.D.N.Y. Jun 10, 1983)

The court holds that defendants' airplane noise restrictions are preempted by federal law. Under federal statute, plaintiffs have until January 1, 1985, to comply with federal noise standards for subsonic airplanes. Defendants' regulations require partial fleet compliance with noise restrictions by January 1, 1983. The court holds that plaintiffs, who were denied a waiver from the Port Authority regulations, have shown irreparable harm and a likelihood or success on the merits of their claim that defendants' rule is invalid. Plaintiffs are therefore entitled to a preliminary injunction.The court finds that the Supreme Court has recognized a pervasive federal scheme of aircraft noise regulation. It rules that the Port Authority restrictions are preempted because they conflict with, and stand as an obstacle to, implementation of the federal statute.

Counsel for Plaintiffs
William C. Clarke, Robert C. Macek
Barrett, Smith, Schapiro, Simon & Armstrong
26 Broadway, New York NY 10004
(212) 422-8120

Counsel for Plaintiffs-Intervenors
Rudolph W. Giuliani, Franklin H. Stone, Ass't U.S. Attorneys
One St. Andrews Plaza, New York NY 10007
(212) 791-0055

Counsel for Defendants
Patrick J. Fadney, General Counsel; Arthur P. Berg, Milton B. Bachter
Port Authority of N.Y. & N.J., One World Trade Ctr., New York NY 10047
(212) 466-7000