Noise Regulation - Environmental

Overview

Noise regulation is a significant issue for federal, state and local regulators in several contexts, most notably in the transportation sector. While noise regulation manifests itself under a variety of regulatory schemes, our clients most often encounter noise issues in the context of the National Environmental Policy Act (NEPA) and under Department of Transportation regulations, most notably those administered by the Federal Aviation Administration.

In the NEPA area, our representation has involved issues regarding categorical exclusions, environmental assessments, environmental impact statements and state regulatory equivalents. With respect to the regulation of noise related to aviation, our experience embraces issues arising under of Parts 36, 91, 150 and 161 of the Federal Aviation Regulations, the Federal Aviation Act and ANCA as well as under the auspices of ICAO and the Chicago Convention. We have also successfully challenged unreasonable aircraft noise regulation on reasonableness and federal preemption grounds and successfully defended takings and nuisance actions related to aircraft operations.

Full Description

The regulation of noise and its impact upon the public has emerged as a priority for federal, state and local regulators, particularly in the transportation sector. While this concern manifests itself under a variety of regulatory schemes, our clients most often encounter noise issues in the context of the National Environmental Policy Act (NEPA) and under Department of Transportation regulations, most notably those administered by the Federal Aviation Administration.

The Firm, therefore, regularly calls upon its depth of experience in NEPA matters in responding to noise issues that affect our clients. Our representation in this area has involved issues that have arisen in the context of categorical exclusions, environmental assessments, environmental impact statements and state regulatory equivalents, particularly in jurisdictions such as California and New York.

In the arena of aircraft noise regulation, the Firm also draws upon its substantial experience in noise issues that fall within the ambit of Parts 36, 91, 150 and 161 of the Federal Aviation Regulations as well as the Federal Aviation Act, the Noise Control Act of 1972, the Aviation Safety and Noise Abatement Act of 1979, the Airport Noise and Capacity Act of 1990 (ANCA) and AIR 21. Similarly, the Firm's international practitioners are engaged in advocacy with respect to noise noise-related issues arising within the scope of the International Civil Aviation Organization (ICAO) and associated international agreements such as the Chicago Convention and the Annexes thereto.

Representative Matters
Representative Matters
  • Successfully defended ten airlines in a takings and nuisance action premised on noise claims arising from aircraft operations at a major airport.
  • Successfully defended FAA regulations governing the proper application of noise models to various types of aircraft operations.
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