CERTAIN LEGAL ASPECTS OF REQUIRED SOUNDPROOFING IN HIGH NOISE AREAS NEAR JOHN F. KENNEDY INTERNATIONAL AIRPORT IN NEW YORK
The compulsory soundproofing proposals with respect to new and existing structures. This study is made primarily in light of Federal and New York state constitutional provisions and certain state and local legislation. The authors conclude that the principal constitutional problems are the scope of the police and spending powers; that extensive compulsory soundproofing requirements, at least in the highest noise areas, affecting such new privately-owned structures as multiple dwellings, schools and hospitals and perhaps private residences, are likely to be upheld, assuming that in other respects the requirements are reasonably drafted; but that such requirements for existing privately-owned structures would be of dubious validity, except perhaps for multiple dwellings, schools and hospitals. The authors conclude that such requirements could be enacted either by the affected municipalities, if state enabling legislation were made adequate, or by the state legislature in mandatory or optional form; but that at JFK state legislation would appear more promising. Soundproofing of publicly-owned structures and the requirement of soundproofing near airports by the Federal government itself present different problems which are not within the scope of this study and are only mentioned in passing.
Cleary, Gottlieb, Sten & HamiltonNew York, NY United States
- Publication Date: 1970
- Pagination: 132 p.
- TRT Terms: Airport noise; Damping (Engineering); Environmental impact analysis; Environmental impacts; Federal government; Hospitals; Housings; Legal factors; Schools; Specifications; State laws
- Identifier Terms: John F. Kennedy International Airport
- Uncontrolled Terms: Requirement
- Subject Areas: Aviation; Education and Training; Environment; Law; Terminals and Facilities;
- Accession Number: 00155607
- Record Type: Publication
- Source Agency: Federal Aviation Administration
- Files: TRIS, USDOT
- Created Date: Sep 20 1977 12:00AM