McCarran flight path case set for arguments

Arguments over McCarran International Airport's northwest Las Vegas Valley flight path will be heard next month before the 9th U.S. Circuit Court of Appeals in San Francisco.

The lawsuit over McCarran's "right turn" departure option sprang from a 2006 decision by the Federal Aviation Administration to send about 200 planes per day over northwest valley residential areas.

Las Vegas and those who live under the flight path are challenging the FAA, saying the increased air traffic over the city could conflict with flights at North Las Vegas Airport and at Nellis Air Force Base.

Residents also complain that the overhead traffic creates early morning and late night noise. Many have said they can no longer use their backyards and outdoor patios because of the noise. They're also concerned the flight path will bring down the value of their homes.

Because the lawsuit involves a federal agency decision, it heads first to the appellate court.

"They could've ruled just reading the briefs," city attorney Brad Jerbic said. "It indicates that they have questions. We're more than happy to up and improve our case."

In January 2007, the Las Vegas City Council unanimously voted to allot up to $357,000 for lawyers and a consultant to battle the FAA decision. The departure route being challenged has planes heading west, then turning north -- the "right turn" -- and then turning east. Departing planes also turn south and then east, flying over the south end of the valley.

FAA officials said the route improves efficiency by giving controllers two routes for departing planes.

"It's functioned exactly how we envisioned it would. It's improved efficiency," FAA Spokesman Ian Gregor said. "We believe the environmental review we did for this was proper.

"Beyond that, it's in the hands of the court."

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