A federal court cleared the way for nighttime curfews to take effect July 2 at East Hampton Airport (HTO) in New York, but blocked implementation of access limitations for ânoisyâ aircraft. Airport advocates had filed a lawsuit against the town of East Hampton to block recently adopted operational restrictions for HTO: an 11 p.m. to 7 a.m. curfew for all aircraft, an 8 p.m. to 9 a.m. curfew for ânoisy" aircraft and a limit of two âusesâ per week for noisy aircraft between May 1 and October 31.
The advocates, among them the Friends of East Hampton Airport, NBAA and HAI, also asked the court to combine the lawsuit with an earlier lawsuit filed to compel the FAA to enforce grant assurance agreements at HTO. U.S. District Court Judge Joanna Seybert ruled that airport advocates did not argue that the curfew was unreasonable, arbitrary or discriminatory. The judge further found that airport backers failed to demonstrate that the town lacked sufficient noise data in its challenge of the extended curfew for noisy aircraft.
But Seybert also ruled that the access limitation for noisy aircraft âis drastic, considering the effect it poses on some of plaintiffsâ businesses.â Seybert also stated that she is âsorely tempted to issue a ruling that the FAA is statutorily obligated to enforce the townâs grant assurances,â but said she would first wait for the FAAâs response to the lawsuit due July 8.