Congress Approves Helicopter Noise Relief Legislation

 

Congressman Adam Schiff's proposed HR. 456, the Los Angeles Residential Helicopter Noise Relief Act, has been adopted by Congress in an

modified form as part of H.R.3547, the Consolidated Appropriations Act, 2014

Here is the text:

Sec. 119D.  The Secretary shall (1) evaluate and adjust existing helicopter routes above Los Angeles, and make adjustments to such  routes if the adjustments would lessen impacts on residential areas and noise-sensitive landmarks; (2) analyze whether helicopters could safely fly at higher altitudes in certain areas above Los Angeles County; (3) develop and promote best practices for helicopter hovering and electronic news gathering; (4) conduct outreach to helicopter pilots to inform them of voluntary policies and to increase awareness of noise sensitive areas and events; (5) work with local stakeholders to develop a more comprehensive noise complaint system; and (6) continue to participate in collaborative engagement between community representatives and helicopter operators: Provided, That not later than one year after enactment of this Act, the Secretary shall begin a regulatory process related to the impact of helicopter use on thequality of life and safety of the people of Los Angeles County unless the Secretary can demonstrate significant progress in undertaking the actions required under the previous proviso.

It gives the FAA one year to get the relief measures it proposed last year into place. If they are not successful then regulations can be imposed. This is different than HR. 456 which would have begun the regulatory process immediately to be in place one year from now.

Let's all send Congressman Schiff a great big thank you. He worked very hard on this essential legislation.

http://schiff.house.gov/contact-me/

http://www.latimes.com/local/lanow/la-me-ln-helicopter-bill-passes-20140116,0,1663791.story?track=rss#axzz2qd96IDpg

 http://schiff.house.gov/press-releases/rep-schiff-and-senator-feinstein-announce-helicopter-noise-reduction-legislation-included-in-omnibus-appropriations-bill/ 

The tentative ruling in the HCP Update lawsuit became final on Jan 15, 2014. The next step is for the Writ of Mandate to be served on the City at which time the ruling will become effective. According to the Judge's ruling the petitioners have 10 days to prepare the Writ but, of course, we will move quickly to see that it is served ASAP.

Here is the decision:

CONCLUSION

For the reasons stated, petitioners are entitled to relief as follows:

(1) to a peremptory writ of mandate ordering respondents and defendants City and City Council to (a) rescind, vacate and set aside all actions approving the HCPU and certifying the EIR adopted in connection therewith and all related approvals issued in furtherance of the HCPU, including but not limited to the text and maps associated with the HCPU, the Resolution amending the Hollywood Community Plan, the adoption of rezoning actions taken to reflect zoning changes contained in the HCPU, all amendments to the General Plan Transportation and Framework Elements made to reflect changes in the HCPU, adopting the Statement of Overriding Considerations, adopting the Mitigation and Monitoring Program, and adopting Findings in support of the foregoing; provided, however, that the phrase "all related approvals" refers only to those quasi-legislative actions necessary to carry out the HCPU and the related CEQA documents, and provided further, that the provisions hereof are not intended to order that respondents rescind those adjudicatory approvals not challenged which City may have made under the HCPU after its adoption by City; and (b) should City exercise its discretion to amend the HCP, City is to do so in a manner that conforms to the policies and objectives of the General Plan and the requirements of CEQA;

(2) to an injunction that respondents and defendants City and City Council, their officers, employees, agents, boards, commissions and other subdivisions shall not grant any authority, permits or entitlements which derive from the HCPU or its EIR until an adequate and valid EIR is prepared, circulated and certified as complete and is consistent with CEQA, CEQA Guidelines, and all other applicable laws, and until legally adequate findings of consistence are made as required pursuant to the Charter of the City of Los Angeles and other applicable laws;

(3) attorneys fees and costs as may hereafter be determined.

DATED: January 15, 2014

ALLAN J. GOODMAN

JUDGE OF THE SUPERIOR COURT

The judge added this wording to his ruling:

"the phrase "all related approvals" refers only to those quasi-legislative actions necessary to carry out the HCPU and the related CEQA documents, and provided further, that the provisions hereof are not intended to order that respondents rescind those adjudicatory approvals not challenged which City may have made under the HCPU after its adoption by City"

Our attorney Frank Angel explains:

"It means permits for individual projects approved under the HCPU can be voided due to the invalidity of the HCPU only if they're being challenged in a separate suit. The judge can enjoin future permit approvals, as he did, that is, implementations of the HCPU, but cannot void permits, if any, already granted under the HCPU. That would violate the due process rights of permittees not part of our lawsuit who were not heard."

This explains the necessity for challenging individual projects while also challenging the Plan. The Millennium Project is being challenged in a separate lawsuit.

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