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Question: Pretend the mayor of a city with a small Class C municipal airport has contacted you, the city's attorney, for advice. The airport is 100 years old and the city has grown up significantly around it in the past few decades. The NIMBYs ("Not In My Back Yard" - real term - look it up) have gotten increasingly upset with the airport over the years and they have recently provided you with their demands which are as follows:
1) change the airspace from Class C to Class E (because they think the control tower is ugly and should go)
2) restrict access to the airport from any flights coming from out of state (which is 80% of the revenue for the airport businesses)
3) restrict any aircraft with engines over 100 decibels at take off and landing from operating at the airport from 11:00pm to 6:00am.
Desperately trying to get re-elected, the mayor wants to do something to appease the NIMBYs but wants to preserve the aviation businesses and keep the airport functional. The mayor needs to be conversational on these topics and needs you to explain to him what he is legally allowed to do regarding each of the three demands and how he should respond to the NIMBYs. Be sure to discuss the various powers available for regulating airports and airspace the interplay of local, state, and federal laws. Be sure you are using the most recent law as discussed in the reading as Chapter 13 details the evolution of law on this topic.
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