Main Title |
Airport Noise Litigation - Case Law Review (1973-1980). |
Author |
Bennett, Ricarda L. ;
|
CORP Author |
Bolt Beranek and Newman, Inc., Canoga Park, CA.;Environmental Protection Agency, Arlington, VA. Office of Noise Abatement and Control. |
Year Published |
1981 |
Report Number |
BBN-4542; EPA-68-01-5014; EPA-550/9-82-326; |
Stock Number |
PB82-162066 |
Additional Subjects |
Airports ;
Aircraft noise ;
Litigation ;
Noise pollution ;
Law(Jurisprudence) ;
Environmental impacts ;
Land use ;
Flight paths ;
Urban planning ;
|
Holdings |
Library |
Call Number |
Additional Info |
Location |
Last Modified |
Checkout Status |
NTIS |
PB82-162066 |
Some EPA libraries have a fiche copy filed under the call number shown. |
|
07/26/2022 |
|
Collation |
53p |
Abstract |
This report examines the judicial trends in airport noise litigation by analyzing the decisions from many of the relevant legal cases since the 1972 U.S. Supreme Court decision in City of Burbank v. Lockheed Air Terminal Inc. The conflict centers upon who controls the source of the aircraft noise and who is liable for aircraft noise-related damages. The significant issues arising out of these various airport/aircraft noise cases examine this conflict from four viewpoints: (1) Who is liable for aircraft noise related damages. (2) What is the scope of airport use restrictions. (3) What are the legal theories and trends in awarding aircraft noise-related damages. (4) What is the effect of land use planning and environmental impact statements on airport noise control. This extensive case law review indicates that the courts are continuing to hold the airport proprietor liable for aircraft noise-related damages. The judiciary is also expanding the legal theories and granting recovery for noise-related effects on people under the nuisance theory of emotional distress as well as under the traditional inverse condemnation theory for deprivation of property. |