REGULATION OF AIR TRAFFIC-THE D.C. CIRCUIT HOLDS THAT THE FAA HAS STATUTORY AUTHORITY TO ALTER FLIGHT ROUTES TO MITIGATE THE IMPACT OF AIRCRAFT NOISE ON RESIDENTIAL AREAS

摘要

Traditionally, property owners around airports relied on ineffective "state and local noise ordinances and nuisance and inverse condemnation claims" to ameliorate the adverse effects of aircraft noise in their communities.' As levels of air traffic and federal involvement in controlling aircraft noise increased, Congress enacted the Federal Aviation Act (Act) and subsequently delegated to the Federal Aviation Administration (FAA) "broad authority to control and regulate the use of navigable airspace and aircraft operations" in 49 U.S.C. § 40103. Congress also added § 44715(a), which broadly authorizes the FAA to set standards for aircraft noise measurement and to prescribe "regulations to control and abate aircraft noise." However, neither § 40103 nor § 44715 (a) explicitly addresses whether the FAA can regulate air traffic for the purpose of residential noise abatement.