Three lawsuits filed to stop East Hampton Airport closure
East Hampton Town was served with three separate lawsuits on Tuesday, including one from the air transportation platform Blade, seeking to stop the town’s plan to temporarily close its Wainscott airport and reopen it as a private facility.
The town appears to be moving forward with its strategy, which it says will allow it to gain greater control over noise and operations after years of complaints.
The proceedings essentially ask a judge to bar the town from closing the airport on Feb. 28, citing the possibility it will not be able to reopen in the projected four-day time frame, or perhaps, ever. They all note a Feb. 2 letter from the Federal Aviation Administration asking the town to reconsider the plan, as the process could bring unintended consequences and take much longer than town officials planned.
East End Hangars and Hampton Hangars, companies that sublease space at the airport, and a group of Montauk residents who say they will be impacted by increased traffic at Montauk Airport are the plaintiffs in one proceeding. The Coalition to Keep East Hampton Airport Open, a nonprofit advocacy group, and residents including precious-metals magnate Andy Sabin — who lives and works in the town — are represented in another. Blade, a local Blade employee and residents who live under the flight paths of neighboring airports are the plaintiffs in the third lawsuit.
In a joint statement, the plaintiffs in the East End Hangars lawsuit said they are asking "the town to reconsider their ill-conceived close and reopen strategy."
The lawsuits also claim the town is not adhering to the state environmental review process.
"Our clients brought this lawsuit because they want to see a pause in this effort to close the airport so that an appropriate environmental review can be conducted, especially in light of the FAA’s recent actions," said attorney Steven Russo, chair of Greenberg Traurig’s New York environmental practice, who represents plaintiffs in the coalition’s lawsuit.
East Hampton Town Attorney John Jilnicki declined to comment on the litigation and said the town is reviewing the filings. East Hampton Town Supervisor Peter Van Scoyoc, who has maintained that the airport would be open for use on March 4, also declined to comment.
The town, which was unsuccessful in previous attempts to regulate the airport, was legally permitted to shutter the facility after mandates tied to federal grants expired in September. A new facility with a "prior permission required" model for takeoffs and landings was presented as a compromise between those who want the airport closed permanently and pilots and their advocates who oppose that.
But the FAA letter cast doubt on the town’s ability to execute that plan, prompting criticism from aviation interests and those who live under the flight path of other airports and feared traffic would increase at those locations. Blade announced in an email blast last week that the company would be increasing traffic to other East End sites including the Montauk Airport, Francis S. Gabreski Airport in Westhampton Beach and the seaplane service in Sag Harbor.
"The East End’s aviation infrastructure is a highly fragile ecosystem, and full closure of the airport will have tremendous unforeseen consequences and the potential to cause significant adverse environmental impacts in these neighboring communities," Blade’s attorney, Randy Mastro, wrote in an email.
Some community members don’t believe the town’s plan will spell permanent or even protracted closure and commended board members for making the decision in the face of intense opposition.
"I applaud your courage and conviction to stay the course on moving to this closure," John Kirraine, of Noyac, said during Tuesday’s town board work session. "The previous callers … they’re fearful of what you’re doing because they know that what you’re going to do is drive change and improvement."
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