AIRPORT NOISE LAW


San Jose Airport Master Plan Challenged for Failure to Analyze Noise Impacts


JULY 20, 2010
SAN JOSE, CALIFORNIA

PRESS RELEASE


Citizens Against Airport Pollution [CAAP] has filed a lawsuit against the City of San Jose because the City recently approved a major amendment to the Airport Master Plan without an Environmental Impact Report describing what adverse affect these amendments will have on the environment.

The suit alleges that the City failed to conduct the proper environmental investigation necessary prior to the approval of a major amendment to the Airport Master Plan, as required by the California Environmental Quality Act (CEQA). Air pollution impacts, noise pollution impacts, and impacts on wildlife are unknown.

In an effort to avoid litigation, CAAP previously requested the City to defer action approving the major amendment so that these issues could be evaluated and discussed without litigation. The City chose to ignore these concerns and approved the major amendment to the Airport Master Plan without a clear understanding of its impact on the environment.

For over 20 years, CAAP has been the only watchdog organization committed to protecting the environment from pollution caused by Mineta San Jose International Airport. CAAP has always supported a first class airport to serve the needs of the South Bay. Protecting the quality of life for San Jose residents and maintaining a first class airport is doable. However, it requires thoughtful planning and a keen sensitivity to environmental protections.

Specifically, the lawsuit alleges that the City:

The lawsuit seeks a court order ordering the City of San Jose to set aside and void approvals relative to their recent major amendment to the Airport Master Plan and to refrain from consideration of any further approvals until full compliance with CEQA is achieved, including the preparation and certification of a supplemental or subsequent EIR.

The lawsuit further requests that the court issue a temporary restraining order and preliminary injunction enjoining the city and its agents and employees from any and all physical actions in furtherance of the major amendment while this petition is pending.


CITIZENS AGAINST AIRPORT POLLUTION
A League of Neighborhoods
P.O. Box 26142
San Jose, CA 95159

866-263-4163

For more information contact the CAAP Steering Committee:

LENORA PORCELLA 408.835.0693
KEN HAYES, M.D. 408.295.3609
ROBERT H. HARMMSEN, ESQ. 408.691.5782

Attorney for CAAP: SUSAN BRANDT-HAWLEY 707.938.3900