March 11, 2015

The Appellate Division, Second Department has rejected a challenge to the Town of East Hampton’s Airport Master Plan in Committee to Stop Airport Expansion v. Wilkinson2015 NY Slip Op 01941.  The master plan, which was adopted in September of 2010, was the culmination of a more than seven-year study and planning effort that spanned two town administrations.  Shortly after its adoption, a group of residents commenced a proceeding challenging the master plan and claiming that the Town failed to comply with its obligations under the State Environmental Quality Review Act (SEQRA) by failing to consider noise impacts.  After the Supreme Court upheld the Town’s review process and dismissed the proceeding in July of 2012, the residents appealed.  The Second Department’s unanimous decision concluded that the Town “fulfilled its obligations under SEQRA by taking a hard look at potential noise impacts of the proposed actions and made a reasoned elaboration of the basis for its determination…, which thoroughly analyzed noise data and potential noise mitigation based upon noise averaging methodology along with single event noise data.”