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AIRPORTS

Shute, Mihaly & Weinberger LLP represents local governments and community groups concerned about noise and other environmental impacts associated with the operation and expansion of airports. We have also advised airports in connection with bringing their facilities up to contemporary safety standards. Members of the firm have expertise with the Federal Airport Noise and Capacity Act as well as other laws dealing with airports and have dealt extensively with the Federal Aviation Administration.

• The firm successfully represented the Citizens League for Airport Safety and Serenity (CLASS) in a challenge to the adequacy of an EIR prepared for the Airport Development Program for Oakland Airport. The Port of Oakland had certified an EIR in December 1997, paving the way for construction of the ADP-a long-range expansion proposal designed to provide dramatic increases in capacity for both air cargo and passenger operations. The Court of Appeal agreed that the EIR did not comply with CEQA because it failed to analyze adequately the noise impacts from planned additional nighttime flights; erred in using outdated information in assessing the emission of toxic air contaminants (TACs) from jet aircraft; failed to support its decision not to evaluate the health risks associated with the emission of TACs; and improperly deferred devising a mitigation plan for the western burrowing owl. (Berkeley Keep Jets Over the Bay Committee v. Board of Port Commissioners, 91 Cal.App.4th 1344 (2001).)

• The firm has had involvement in limiting the impacts of the John Wayne Airport in Orange County for over 20 years. Initially, we represented several community groups. After several years of litigation, we negotiated a settlement with the airport limiting the number of commercial departures, the levels of noise of aircraft using the airport, a nighttime curfew and restrictions on the size of the terminal. That agreement was considered to embody the most stringent set of restrictions on airport operations in the United States. More recently, the firm represented the City of Newport Beach in negotiating an extension of that agreement with the airport and the FAA. In 2002, an extension which basically kept the operating and noise restrictions intact was approved by the County and the FAA. The extension still embodies the most stringent set of restriction on airport operations in the country.

• On behalf of the City of El Segundo, the firm opposed plans for a major expansion (to serve 98 million annual passengers) at Los Angeles International Airport (LAX). The firm coordinated a multi-faceted technical team to evaluate the environmental analysis done by LAX and FAA, and submitted comprehensive comments. LAX dropped the initial expansion plans, and announced and undertook a planning and public review process for a revised modernization plan to improve airport safety without expanding the airport's existing capacity. The firm assisted in formulating a long-term regional strategy to reduce the expansion pressure on LAX by creating a regional consensus supporting the expanded use of other southern California airports. This regional approach won the approval of the Southern California Association of Governments (SCAG) and a regional coalition of more than 100 local governments and organizations. In addition, the firm represented El Segundo in a CEQA lawsuit against LAX on the grounds that the airport has engaged in a pattern and practice of incremental expansion without compliance with environmental review requirements. The firm also prepared extensive technical comments under the Clean Air Act, regarding the need to assure conformity between applicable air quality plans and the proposed airport improvements. In December of 2006 the firm negotiated a global settlement with LAX which will result in no expansion of facilities and an actual reduction of the number of gates at that airport. Also El Segundo will receive very substantial funding for noise insulation and transportation improvements.

• The firm represents the City of Folsom in relation to Sacramento County's proposed expansion of Mather Airport, a former air force base currently used for cargo operations.

• On behalf of the Truckee Tahoe Airport District, the firm analyzed a legal challenge brought by the City of Truckee to the adoption of the Truckee Tahoe Airport 2000 Master Plan Update and associated environmental documentation.

• On behalf of the League to Save Lake Tahoe, the firm negotiated an agreement among five parties, including the Federal Aviation Administration, that restricts aircraft operations at the South Lake Tahoe Airport. The agreement has helped prevent Lake Tahoe from becoming a major destination point for gamblers and other tourists, thus avoiding exacerbation of many environmental problems affecting the Lake Tahoe basin.