Effort to change flights on brink

The Federal Aviation Administration acted properly when it established a new flight path that steers airplanes to the north of McCarran International Airport, a panel of judges ruled Friday, probably ending the court fight over a flyway that some residents and the city of Las Vegas challenged as unsafe and detrimental to quality of life.

Three judges from the U.S. 9th Circuit Court of Appeals denied a request to review the decision establishing the path.

"We conclude that the FAA did not act arbitrarily or capriciously," the ruling states.

Las Vegas Councilman Steve Wolfson, whose Ward 2 sits under the flight path, said the so-called "right turn" case -- so named because planes leaving McCarran turn right after takeoff to use the flyway -- probably is at an end.

"Clearly, we are disappointed in the outcome," Wolfson said in a statement. "I firmly believe the thousands of residents across the valley who expressed concerns about safety and noise still have legitimate worries.

"I respectfully accept the decision. I will not support a move to continue the legal fight, as I don't believe it is financially prudent in these tough economic times for the city, nor do I hold out hope for a different outcome at the U.S. Supreme Court."

The city has spent about $375,000 on legal fees, and appealing the decision could cost as much as $500,000 more, city spokesman David Riggleman said.

Most departing planes from McCarran take off heading south or west because of prevailing winds, but many of those flights are actually heading east.

In 2005 the FAA proposed rerouting some eastbound flights taking off to the west on a new path that had planes making a right turn after taking off to head north before turning east.

Other flights turn south after taking off. The additional route was intended to reduce flight delays.

"The decision supports what the FAA said all along -- that we conducted the proper environmental reviews before reinstating the right turn departure out of McCarran International Airport," FAA spokesman Ian Gregor said.

Those suing the agency said the FAA hadn't done enough to assess the impact of the new flight path.

Joining Las Vegas as plaintiffs in the case were the Environmental Coalition, three homeowners' associations, former Assemblywoman Valerie Weber, and residents Robert Hall, Charles Jones and Greg Toussaint.

"We're disappointed. Obviously, we wished for a different outcome," Toussaint said.

Toussaint lives with his wife, three cats and a dog in The Lakes neighborhood of Las Vegas, which is under the flight path.

He said it isn't the noise that bothers him as much as the potential for a crash in a populated area.

He said the flight path protected by the court diverts aircraft from less densely populated paths to a route over the middle of town.

"I think the noise thing was really exaggerated by the media," he said. "It had to do with safety and air quality."

Staff writer Benjamin Spillman contributed to this report. Contact reporter Alan Choate at achoate@reviewjournal.com or 702-229-6435.