Anti-Noise Nuts Take Over Truckee-Tahoe Airport

Larry Dighera wrote:

From a cursory scan of the page, it does appear that the FAA lost the
case. Specifically what language lead you to believe otherwise?

The FAA's "loss" was limited to a failure to properly define "unreasonable"
such that it applies (or not) to this case. The FAA can still force
airports to eliminate "unreasonable" noise restrictions.

From what I read, it seems to me like the FAA didn't feel the need to defend
their presumption of "unreasonable". I don't know why that would be the
case. However, I can say that I was involved in one legal action where the
opposing attorney did completely miss the major basis upon which the case
was decided, so perhaps that sort of thing isn't uncommon.

So the question is whether the FAA will be revisiting the definition of
"unreasonable" in this case, as the court explicitly provided the FAA that
option as the next step.

- Andrew

On Sat, 12 Nov 2005 16:45:25 -0500, Andrew Gideon
wrote in ine.com::

Larry Dighera wrote:

From a cursory scan of the page, it does appear that the FAA lost the
case. Specifically what language lead you to believe otherwise?

The FAA's "loss" was limited to a failure to properly define "unreasonable"
such that it applies (or not) to this case.

I don't have a copy of Black's Law Dictionary at hand, but I did find
this definition of 'unreasonable' on-line:

http://www.tcleose.state.tx.us/tcleosehome/newforce.pdf
In general, an action is unreasonable if a reasonable man in
similar circumstances would recognize the act as involving a risk
of harm and a risk of such magnitude as to outweigh the utility of
the act or the manner in which it was done.

Another on-line source that cites Black's Law Dictionary provides this
definition of 'unreasonable':

http://www.doprocess.net/files/missou~2.htm
"Unreasonable" is described as "[i]rrational; foolish; unwise;
absurd; silly; preposterous; senseless; stupid; [n]ot reasonable;
immoderate; exorbitant; [c]apricious; arbitrary; confiscatory."
Black's Law Dictionary 1538 (6th ed. 1990).

So perhaps the FAA needs to reword or better define the term
'unreasonable noise restrictions', so that it does not provide a
loophole in future legal cases.