Panel hears arguments in McCarran flight path case

Thursday, Oct. 23, 2008 | 2:11 p.m.

A federal judicial panel heard arguments yesterday regarding the flight path that allows planes from McCarran International Airport to fly over Summerlin communities.

Attorneys for the city and the Federal Aviation Administration presented the case at the 9th Circuit Court of Appeals in San Francisco.

Barbara Lichman, the attorney contracted by the city, argued the FAA ignored its own guidelines regarding the distance required between waypoints, which are most often used to indicate changes in direction, speed or altitude along the desired path.

The FAA then drafted a waiver to allow the new route, but did not include the waiver in its environmental report, which violates the National Environmental Policy Act, Lichman said.

She also questioned the validity of the agency's air quality data, which was included after the public viewing and comment period was over.

"The FAA failed to disclose the safety and air quality of the project at a minimum," she said. "When they published their so-called analysis, the final decision had already been made and there was no opportunity for comment. So we've never been able to review it, so we have no idea if it's good or bad."

It's unknown when the three-member panel will issue a decision, but most cases are decided within three months to a year, according to the court's Web site. The panel could require the FAA to open its findings to the public and it could impose an injunction barring the flights during that period.

Attorneys for the FAA could not be reached and a spokesman said the agency does not comment on pending litigation.

The outcome could affect planes bound for eastern destinations that take off from McCarran heading west, then make a right turn north over Summerlin and other West Valley neighborhoods.

Planes used a similar route prior to 2001, at which time the FAA directed flights to turn south to reduce interaction with Nellis Air Force Base and the North Las Vegas Airport. Approximately 14-20 planes a day continued making the right hand turn with a special permit.

The FAA reversed that decision in November 2006, citing the need to conserve fuel and reduce noise south of the airport.

The agency found the right turn proposal would cause no significant effects and said the new plan was necessary to improve efficiency and capacity at the airport, It went into effect on March 20, 2007.

Many residents have said the route is unsafe because it adds about 200 planes a day flying over the more densely-populated northwest valley.

Eliminating the right turn departures would delay flights while reducing the airport's capacity by roughly 1 million passenger arrivals and departures annually by 2012, a reduction of about 2 percent, according to models Randall Walker, director of the Clark County Department of Aviation, presented in April 2007.

Jeff Pope can be reached at 990-2688 or jeff.pope@hbcpub.com.