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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Airport Noise Lawsuits Continue Throughout The U.S.
Stuart Lieberman, Esq.,

I currently represent several municipalities in a lawsuit concerning expansions at a regional airport. When I first met some of the Mayors to discuss this matter, I was shocked at the noise levels with which they, and everyone who lives in that area, must contend.

People are filing lawsuits all over this country fighting over noise and air pollution. These airports are literally ruining peoples lives. Constant loud noise exposure can be a horrible nuisance and people should not have to live with this.

Worse yet, the airports often provide coldhearted responses. Remember, for them increased air traffic means increased revenue. And if some must be hurt so that they can prosper, so be it. Often, the operators claim that the neighbors are doing nothing more than shaking them down for money. But it is not about money, its about quality of life.

Maybe for the big government airport operators its about money. But for the real folks who must deal with the impacts, its about trying to survive.

If you don't live near one, you can't appreciate the problem. Many airports are expanding and changing flight patterns. This often translates into more planes, that are often larger, flying over peoples' homes.

Noise makes people crazy. People actually become accustomed to timing their speaking so that they do not have to compete with low flying aircrafts. And forget about watching television absent interruption.

If you don't live near an airport, you figure these people are just complaining for no reason. But often the problems were minimal or nonexistent when the homeowners first moved into their communities. Then, as the airports expanded and planes got bigger, their lives become miserable. Its no big deal, unless it has happens to you. Once it happens, it tends to consume your entire life.

Right now a lawsuit is pending in federal court in Airzona over nose pollution. Brought by the Towns of Carefree (I guess no longer) and Cave Creek, these people have had enough.

Another suit was filed last year in the Dayton Ohio area. Residents there claim that the government is violating an agreement in which they promised that planes would fly away from residential areas.

So much for promises. Many airport operators are specially created governments formed with laws that insulate them from a lot of liability. So attempts to fight there operators are easily frustrated. And for this reason, promises then go out the window.

In 1999, about 105 Toledo residents accepted a $4.6 million settlement with the Toledo-Lucas County Port Authority. The settlement ended a legal battle that began in 1993 and threatened to bankrupt the port authority.

A court found that the air port operator created a nuisance in enticing a large air carrier to locate an air-cargo hub at the airport. Good news for the community. The good guys won.

Is your life being ruined by an out of control airport. Organize and fight back. Because you can fight City Hall. It is seldom easy, but it can and should be done.

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The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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