COMPLAINT
- 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
CODE OF FEDERAL REGULATIONS
Title 14 (Aeronautics and Space)
Chapter I: Federal Aviation Administration, Department of Transportation
- Parts 11-16: Procedural Rules
- Part 36: Noise Standards: Aircraft Type and Airworthiness Certification
- Part 91-97: Air Traffic and General Operating Rules
- Part 150: Airport Noise Compatibility Planning (see Private Rights of Action under 14 C.F.R. Part 150 Noise-Compatibility Plans)
- Part 151: Federal Aid to Airports
- 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)
29 CALIFORNIA JURISPRUDENCE 3d
- Aviation (see especially "Civil liability for injuries or damages to property from operation of aircraft," sec. 57 et seq.)
- Eminent domain (see especially "Remedies of owner," sec. 296 et seq.)
- Nuisance
CALIFORNIA FORMS OF PLEADING AND PRACTICE
- Nuisance (see espec. Form 6 and comments and references to Form 1)
CALIFORNIA CIVIL PRACTICE
Real Property Litigation
- Actions involving eminent domain and inverse condemnation (Vol. 2, ch. 15)
Torts
- Nuisance (Vol. 1, ch. 17)
See Nuisance (66 C.J.S.), especially:
- Injunctions, s. 109 et seq.
- Damages, s. 170 et seq.
- Recovery of damages, s. 139 et seq.
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.
JurisPro Expert Witness Directory
Legal Experts Network
Noble's Expert Directory
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.
COMPLAINTS
Challenge to Environmental Impact Report
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Citizens Against Airport Pollution v. City of San Jose, California
(July 14, 1997, Santa Clara Co. Superior Ct.)
City of Alameda v. Port of Oakland
(Jan. 15, 1998, Alameda Co. Superior Ct.)
City of San Leandro v. Port of Oakland
(Jan. 14, 1998, Alameda Co. Superior Ct.)
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)
Injunctive Relief
-
National Resources Defense Council et al. v. Baltimore-Washingtion International Airport
(March 16, 1998, U.S. District Court for Maryland)
MEMORANDA OF LAW
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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.)
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Petitioner's opening brief (March 3, 1999)
Amicus brief, brief by three TWA captains.
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)
-
Petitioner's opening brief (oral argument April 11, 2002)
Respondent FAA's brief
Petitioner's reply brief
Illinois v. City of Chicago (Cir. Ct. 18th Jud. Cir., DuPage Co., Wheaton)
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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.)
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Petitioners' opening brief
Respondent FAA's brief