Against public airport for violation of airspace (inverse condemnation) by adjoining power, 4 Am Jr Pl. & Pr. Forms (Rev.), Aviation, Forms 1 et seq.
PROOF
Aircraft approach and tower control, 13 Am Jur Proof of Facts 333
Airport noise, 18 Am Jur Proof of Facts 123
Airport operations or flight of aircraft as nuisance, 79 ALR3d 253 (discussion of sufficient and insufficient evidence for particular annoyances and for public versus private airports)
Commercial activity as actionable private nuisance, 43 Am Jur Proof of Facts 2d 303
Community noise (noise pollution), 26 Am Jur Proof of Facts 181, 202
Diminished property value due to environmental litigation, 33 Am Jur Proof of Facts 3d 163
Eminent domain, 4 Am Jur Proof of Facts 649
Loss of sleep as element of damages, 28 Am Jur Proof of Facts 1
Nuisance, 8 Am Jur Proof of Facts 527
Recovery of damages for injury to landowner's property from environmental condition on neighboring land, 37 Am Jur Proof of Facts 3d 439
Special injury sufficient to maintain private action based on public nuisance, 5 Am Jur Proof of Facts 3d 657
TRIAL
Recovery of damages for property devaluation caused by off-site environmental hazard, 56 Am Jur Trials 369
Relief from zoning ordinance, 16 Am Jur Trials 99
Use and examination of environmental experts, 50 Am Jur Trials 471
Part 157: Notice of Construction, Alteration, Activation, and Deactivation of Airports
Part 161: Notice of Approval of Airport Noise and Access Restrictions
Part 185: Testimony by Employees and Production of Records in Legal Proceedings
Title 40 (Protection of Environment)
Part 209: Rules of Practice Governing Proceedings under the Noise Control Act of 1972
Part 210: Prior Notice of Citizen Suits [under the Noise Control Act of 1972]
FEDERAL PRACTICE AND PROCEDURE (WEST)
Exhausting Administrative Remedies, see especially:
Appeal and review, Juris ss. 3532.6, 3942
Exclusive review, Juris s. 3943
FAA, orders of administrator, review, Juris s. 3941
Injunctive relief, Civ ss. 2942, 2944
Standing to sue, Juris ss. 3531, 3531.1
FEDERAL PROCEDURE, LAWYERS EDITION (WEST)
Aviation and space, s. 7:1 et seq., see especially:
Administrative review procedures, s. 7:467 et seq.
Administrative enforcement procedures, s. 7:299 et seq.
Airport and airway improvement and development procedures, s. 7:276 et seq.
Judicial enforcement and review, s. 7:547 et seq.
Notice of construction, alteration, activation, or deactivation of airport, s. 7:77 et seq.
Tables of citation of statutes, court rules, regulations (separate volume)
WEST'S FEDERAL PRACTICE MANUAL
Environmental protection, s. 4381.40
Federal Aviation Administration, Chap. 54 (s. 4601 et seq.), see especially:
Air traffic and safety regulations, s. 4605
Control of airspace, s. 4606
Rules of practice -- FAA hearings, s. 4644 et seq.
Testimony of employees, s. 4660 (also s. 4409)
Several agencies that list expert witnesses have websites, and many of these have searchable directories. Some even permit free access to resumes and published articles by listed experts. An excellent starting point in the search for experts is Expert Witness Internet Resources, a directory of Web links compiled by the Northern California Association of Law Libraries.
Expert Pages -- Free on-line national directory of experts. No fees to directory owners. Website has sophisticated search-engine. Categories include acoustics.
Expert Witness Network -- Some free public resources, but a subscription fee ($99 per year) is required to access most on-line resources, including a mail-list for queries to participating experts and lawyers.
Technical Advisory Service for Attorneys -- This referral service maintains a large listing of experts available for consultation on preparation of litigation or as expert witnesses. Categories include acoustics and noise pollution. There is no fee for consultation with TASA staff until you establish a contract with an expert referred by them, when a one-time $75 administrative fee is charged. TASA quotes specific rates for each expert. No contingency fees.
El Toro Reuse Planning Authority et al. v. Board of
Supervisors for the County of Orange (San Diego Co. Superior Ct., SC710121, Judge Judith McConnell)
City of Bridgeton v. Slater -- petition for review of FAA approval of airport expansion, including new runway, at Lambert-St. Louis International Airport. (U.S. Ct. App. 8th Cir.)
Amicus brief, brief by Air Traffic Controllers Association, Local T-75.
Grand Canyon Trust v. FAA -- petition for review of FAA's environmental assessment of replacement airport near Zion National Park. See court decision granting petition (U.S. Ct. App. D.C. Cir., 2002)
Illinois v. City of Chicago (Cir. Ct. 18th Jud. Cir., DuPage Co., Wheaton)
Brief in Support of Plaintiffs' Motion for Summary Judgment, a masterful treatment of airport proprietor liability, retention of state law remedies for damages due to aviation, and case law supporting recovery for noise damages under nuisance and condemnation theories.
Save Our Heritage v. FAA -- petition for review of FAA approval of scheduled commuter service at rural airport. Of particular interest in this case is the issue whether the FAA's properly invoked a "categorical exclusion" to avoid analysis of environmental impacts. (U.S. Ct. App. 1st Cir.)
