CITY ATTORNEY MIKE FEUER SUES THE FAA

Updated: Mar 2


City Attorney Mike Feuer with Councilmembers Paul Koretz and Paul Krekorian announcing lawsuit against the FAA.

Los Angeles—In an effort to find relief for residents and businesses in the southeast San Fernando Valley and Santa Monica Mountains, City Attorney Mike Feuer today announced that his office is suing the Federal Aviation Administration (FAA) over what’s been called the “southerly shift” of planes departing Hollywood Burbank Airport. FAA has allowed this change in departure flight tracks with no public notice, public comment or proper environmental review. The southerly shift has caused a significant increase in airplane noise and traffic, and the lawsuit seeks judicial action to require FAA to order its air traffic controllers to direct aircraft to depart the airport using historic departure tracks.


"We're fighting to get relief for tens of thousands of residents and businesses in the southeast Valley and Santa Monica Mountains who've borne the brunt of increased aircraft noise and other impacts," said Feuer, during a news conference in his office. "Today we're urging the Court to order the FAA to return to previous flight patterns, and divulge information about Burbank Airport airplane traffic which the public has long been entitled to see."


"While thousands of my constituents have their lives disrupted day and night by departing planes,” said Councilmember Paul Krekorian, “the FAA refuses to give direct answers why the shift has taken place. This lawsuit is needed to compel the agency to provide critical information it continues to withhold.”


“My colleagues and I have written letters, passed legislation, and hosted meetings to try and get meaningful action from the Federal Aviation Administration, but the agency has failed to show any real concern or urgency for the harm they are causing,” Councilmember David Ryu said. “By concentrating flight paths out of Hollywood Burbank Airport, the FAA has put an endless caravan of low-flying planes over homes, schools and parks, without offering the community sufficient input or explanation. Enough is enough - if we won’t see the FAA at the bargaining table, we will see them in court.”


According to Feuer’s complaint, “In 2017, FAA promulgated two departure procedures at the Hollywood Burbank Airport as part of the Southern California Metroplex project. (Metroplex is an FAA initiative to improve regional traffic movement by optimizing airspace and procedures based on precise satellite-based navigation). FAA’s environmental assessment for the new procedures relied on the assumption that departing aircraft would follow historic flight tracks. However, two years later, and after hundreds of thousands of noise complaints from frustrated City residents and businesses, the FAA conceded that, in recent years, departing aircraft have consistently deviated from the historic flight tracks by flying a more southerly path.”


“When the City demanded that FAA require departing aircraft adhere to historic departure flight tracks, FAA responded – not by denying the planes were persistently intruding into new airspace – but by claiming that FAA wasn’t responsible for the planes flying south of their historic tracks. FAA seeks to avoid responsibility pointing to everything but its own action or inaction: weather, wind, plane volume, safety, aircraft and equipment capabilities, and even pilot abilities. In October of this year, Feuer sent a letter to the FAA demanding it revert to the original departure flight tracks and correct the erroneous southern shift. FAA responded by denying it is responsible for the change in flight tracks and refusing to order its air traffic controllers to direct aircraft to depart the airport using historic flight tracks and, thus, negate the southerly shift.


The lawsuit seeks to have the FAA take responsibility for planes departing Burbank Airport by requiring FAA get aircraft back on the historic flight paths.


David Michaelson, Chief Assistant City Attorney, Ruth Kwon, Deputy City Attorney, and Peter Kirsch, of Kaplan Kirsch Rockwell, are handling this litigation.


Read the complaint.


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The Office of Mike Feuer

Los Angeles City Attorney

James K. Hahn City Hall East, Suite 800

Los Angeles, CA 90012 | 213-978-8100