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BRITISH AIRWAYS BOARD v. PORT AUTHORITY OF NEW YORK, ETC.

No. 287, Docket 77-7438.

564 F.2d 1002 (1977)

BRITISH AIRWAYS BOARD and Compagnie Nationale Air France, Plaintiffs-Appellees, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY, William J. Ronan, Paul Stillman, James G. Hellmuth, Victor R. Yanitelli, Milton A. Gilbert, James C. Kellogg, III, Alan Sagner, Joseph F. Cullman, III, Jane Englehardt, Lewis L. Glucksman, Robert F. Wagner, Commissioners of the Port Authority of New York and New Jersey, and Howard Schulman, Commissioner Designate of the Port Authority of New York and New Jersey, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 29, 1977.

Attorney(s) appearing for the Case

Patrick J. Falvey, Gen. Counsel, The Port Authority of New York and New Jersey, New York City (Joseph Lesser, Isobel E. Muirhead, Arthur P. Berg, New York City, Vigdor Bernstein, Pomona, N. Y., Benjamin R. DeCosta, St. Albans, N. Y., Sholem Friedman, New York City, of counsel), for defendants-appellants.

Peter J. Nickles, Washington, D. C. (William C. Clarke, New York City, William H. Allen, Eugene D. Gulland, John Michael Clear and Covington & Burling, Washington, D. C., of counsel), for plaintiff-appellee British Airways Board.

John A. Wells, New York City (Stanley Godofsky, Stephen Froling, Timothy R. Cappel and Rogers & Wells, New York City, of counsel), for plaintiff-appellee Compagnie Nationale Air France.

William D. Denson, New York City, for amici curiae Town of Hempstead, Village of Lawrence, Village of Cedarhurst, Village of Atlantic Beach, and Robert F. Check, Mona Gottesman and Herbert Warshavsky.

Before KAUFMAN, Chief Judge, and MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

Four days after oral argument of this case, the President of the United States decided to permit supersonic transport aircraft service to thirteen American cities under specified restrictions. The President's decision followed sixteen months of demonstration flights at Dulles International Airport in Virginia by the Anglo-French Concorde, during which the noise and vibration levels of the aircraft were carefully monitored. A similar...

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