Court Rejects Challenge to Waste Transfer Station Near LaGuardia Airport
On April 9, 2013, the U.S. Court of Appeals for the Second Circuit dismissed a challenge to an FAA letter to the City of New York concerning the planned waste transfer station near LaGuardia Airport. In the letter, the FAA endorsed the findings of a blue-ribbon panel of experts and recommended that the City implement the panel’s recommendations for mitigating wildlife hazards associated with the transfer station. The court held that the letter was not a reviewable final order and that the court therefore lacked jurisdiction to consider the petition for review. For a copy of the court’s opinion, click here.
FAA Postpones Contract Tower Closures
On April 5, 2013, the FAA announced that it would delay closure of 149 federal contract air traffic control towers until June 15, 2013. The FAA explained that the delay would give the FAA time to attempt to resolve several legal challenges to the planned closures and give airports time to decide whether to assume responsibility for funding tower operations. Kaplan Kirsch & Rockwell has filed suit on behalf of more than 10 airports challenging the planned closures. Over 20 airports and airport organizations nationwide have filed suit. For a copy of the FAA press release announcing the extension, click here. For further information about the litigation, contact Peter Kirsch.