ELR Citation: ELR 20360
No(s). 507-70-A (E.D. Va. May 26, 1972)

A suit which seeks to reduce commercial jet aircraft use of Washington National Airport and to shift that traffic to Dulles International Airport is dismissed. The Federal Aviation Administration did not abuse its discretion to regulate aircraft use of Washington, D.C., area airports by permitting substantial use of National Airport by commercial jets. The Agency considered all factors relevant to such use—including environmental impact—and the resulting regulations are not a clear error of judgment as would justify judicial rejection. The FAA's decision to permit "stretch" jet use of National Airport was not a major action requiring an impact statement under the National Environmental Policy Act of 1969. Plaintiffs have not proved sufficiently that the noise that results from jet aircraft use of National Airport has caused injury to their health and privacy. Their claim of infringement of Fifth and Ninth Amendment rights, therefore, is rejected.

Counsel for Plaintiffs
Bernard S. Cohen
P.O. Box 1079
110 North Royal Street
Alexandria, VA 23212

Counsel for Federal Defendants
Frederick L. Miller Jr., Attorney
U.S. Department of Justice
Washington, DC 20007

Counsel for Airline Defendants
Joseph M. Spivey III
Hunton, Williams, Gay & Gibson
700 East Main Street
Richmond, VA 23212

George Weisz
Cleary, Gottlieb, Steen & Hamilton
One State Street Plaza
New York, NY 10004