Hempstead Town, North Hempstead suing FAA to reduce JFK flights over homes

The towns of Hempstead and North Hempstead filed a federal lawsuit Wednesday against the Federal Aviation Administration, seeking to reduce flight paths over homes en route to Kennedy Airport.

The suit follows a petition filed with the FAA in July to reduce noise and air pollution, to which town officials said federal officials did not respond. 

The FAA told Newsday on Wednesday that they do not comment on pending or potential litigation.

Town officials said flights to Kennedy’s runway 22L have spiked in the past five years as the FAA sought to increase the number of flights and improve efficiency into the airport. But the change in flight paths has come at the cost of lower approaching planes and flights going over homes up to every 90 seconds at peak times.

"Both JFK and LaGuardia have become tremendous traffic hubs, but the nuances and the problems that are now affecting the residents in these areas need to be addressed," Hempstead Supervisor Donald X. Clavin Jr. said.

The lawsuit was filed in U.S. District Court of Appeals in Washington, D.C., by the towns and on behalf of four residents who live under flight paths in Garden City, New Hyde Park and Manhasset Hills. It asks the FAA to reduce the flight paths and conduct an environmental review.

"They each have an injury in fact as, among other things, FAA’s violations discussed herein have caused low-flying planes to traverse over their homes at all times of day and night with such frequency that devalues their property and disturbs their enjoyment thereof by subjecting them to air pollution and noise while at their residence," the lawsuit states.

Town officials announced the lawsuit standing on a street in Floral Park where in the summer, planes can be seen flying overhead every few minutes. Residents have complained that the constant jet noise interrupts backyard barbecues, rattles windows and can even drown out television volume. There were 388,000 noise complaints filed last year associated with air traffic at Kennedy, town officials said. 

Liz Glaser, who has lived in Floral Park for the past 15 years, said air traffic noise is worse than when she lived in Bellerose, Queens. She can look up from her yard and read the airline names as they fly overhead at low elevations.

"It’s loud. I grew up in Bellerose and never heard planes, and when I bought here, it was like I’m on the runway path," Glaser said. "It destroys our quality of life. We can’t have conversations, you can’t watch TV, or enjoy your nighttime routine without hearing that constantly. It drives up your anxiety too."

The towns have asked the FAA to return to 2019 levels, when the FAA reached an agreement with local communities that required flights to maintain a minimum elevation of 3,000 feet when approaching for landing until within 15 miles of the airport.

But under the FAA’s NextGen air traffic control system, flights have increased by 70% into Kennedy’s 22L runway at altitudes as low as 1,500 feet, town officials and their Melville-based attorney, Nick Rigano said.

The Environmental Protection Agency has said flights below 3,000 feet can cause air pollution, Rigano said.

Last year, noise monitors in neighborhoods recorded 40% more flights exceeding 75 decibels, Clavin said.

"We acknowledge that we live in the path of two of the nation's busiest airports, and we acknowledge that litigation should be a last resort, but after years of good faith efforts being ignored, our residents have arrived at that juncture," North Hempstead Supervisor Jennifer DeSena said. "At stake is their quality of life, and more alarming, their overall well-being and as their elected representatives, we will not stand idly by."

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.