On Thursday, September 13, 2018, Leech Tishman Aviation & Aerospace Partner Steven M. Taber outlined how to potentially use the Federal Torts Claims Act (“FTCA”) as a method of pursuing claims against the Federal Aviation Administration (“FAA”) for damages caused by aviation noise.
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About this Webinar
Historically, residents living close to an airport have taken legal action against the owner/operator of the airport for damages they have suffered as a result of aircraft noise. Two of the legal actions for combating aviation noise are called “trespass” and “nuisance.”
Changes made by the FAA to the use of national airspace have caused residents living some distance from an airport to now experience damaging aircraft noise. As a federal agency, however, the FAA cannot be sued in state court for trespass and nuisance. Because state law claims of trespass and nuisance are not allowable in federal court, these types of claims have not been brought against the FAA.
However, the Federal Torts Claims Act (FTCA) allows citizens to file a claim against a federal agency for injuries caused by the federal agency because of its negligence. This type of claim is called a “tort.” Since “nuisance” and “trespass” are considered to be torts, the FTCA may apply to aviation noise claims.
In this session, Steve addresses these aviation noise concerns, as well as potential courses of actions for residents.