Westover AFB Noise Case

[isisGU@hamp.hampshire.edu]

For everyone interested in the Westover noise case (this is a little long):

The Westover case involves several legal actions over several years:

In 1974, Westover AFB began to downsize as Strategic Air Command moved out
and it's mission changed to AFRES. The base shrank from 4800 acres to
about half that today. With the decline in military activity, some areas
adjacent to the base were redeveloped for residential and light industrial
use. But, in the mid 80's, Air Force brought in the infamous Galaxy C-5A
cargo jets and began training flights over a large area around the base. 
As these BIG loud planes flew fairly low over residential areas, people
began to take notice, much like Lenny describes, of how the noise affected
their ability to enjoy their new (and old) homes. Those living close to
the ends of the runways were especially disconcerted. 

The first legal action was a 1987 suit over noise impacts as documented in
an Air Force Environmental Impact Statement (EIS). The neighbors argued
that the military had underestimated its noise impact on the community. 
The court found that USAF made good-faith effort in the document, but also
allowed for citizen recourse if the EIS-estimated noise impacts were
exceeded. 

Then in 1989, Case# 520-89-L was filed in the U.S. Federal Claims Court
over property losses due to overflight and training activities. (The
representing attorney said the rest of the legal case history should
available with the documentation for the 1989 case.)

And in 1991, the attorney made a revise/revoke filing when additional
information became available supporting the earlier claims about excessive
noise impacts.

In 1994, this all resulted in a $1.5M settlement to 42 families who
suffered losses to their property values (takings). My not-so-legal
understanding is that the settlements constitute an easement of sorts,
effectively "buying the right" to make a given amount of noise over the
homes those who sued. But the door is clearly open for future lawsuits if
USAF expands its flights, reinstates night flights, or significantly
reorients its flight paths.

Lastly, I think the rest of the group didn't get Grace's message (which
follows) but she's right -- David was one of the core people involved in
the suit. He's the right fellow to talk to, and is on the listserv. What
I know comes from him and other Valley Citizens for a Safe Environment
members. I'm just filling in because I know he's been pretty busy with
some family stuff, and it may be a while before he has a chance to write
in. His email address is in the message below for anyone interested. 

I hope this helps!

Jeff Green