Thursday, October 1, 2026
Hempstead Town Supervisor Don Clavin and North Hempstead Town Supervisor Jen DeSena announced the filing of a joint federal lawsuit against the Federal Aviation Administration on behalf of more than a million residents living near John F. Kennedy and LaGuardia airports.
The primary culprit for the lawsuit is JFK’s Runway 22L, a path having an influx of planes flying below the federally regulated 3,000 feet restriction, with communities experiencing a 70 percent increase in plane sightings, according to the towns’ legal research.
Attorney Nick Rigano of Rigano, who represents the towns, said the lawsuit seeks to have the FAA to reduce usage of certain flight paths, and conduct an environmental review of the impacts of low-flying aircrafts.
Rigano said runway 22L allows more planes to fly at once, and its efficiency makes it overused.
The data shows a steady increase in arrivals throughout the year, with a peak in July. The summer months, particularly June and July, experience the highest influx, while January sees the lowest number of arrivals.
Data: Port Authority NY NJ
“It's all about operational issues. It has nothing to do with their consideration of residents at all," Rigano said.
In 2023, there was a 50 percent increase in arrivals on JFK’s Runway 22L, with over 63 million passengers passing through the airport last year.
This surge in air traffic has led to rising noise levels, with more than 388,000 noise complaints filed in 2023, a significant increase from previous years.
"Legal action is always a last resort, but our cause is just," DeSena said. "We are committed to making sure that the FAA hears our residents and that we finally address the overwhelming impacts these flight paths are having on their daily lives."
According to the Port Authority of New York and New Jersey's 2023 Fly Quiet Program Annual Report, data showed an improvement in noise levels compared to 2022.
The program uses stages to refer to different levels of aircraft noise, with Stage 3 being the loudest and Stage 5+ the quietest, based on the aircraft's engine and design.
The percentage of Stage 5 and Stage 5+ aircraft increased 3 percent in 2023, but Stage 3, which generates the most noise, remained relatively stable, rising 1 percent.
A flight procedure designed to reduce noise by directing aircraft to approach the runway at an angle instead of directly lining up with it, was used for 5.4 percent of arrivals to Runway 22L.
In 2024, complaints rise steadily throughout the year, with notable peaks in May, August, and September. The highest number of complaints occurs in September, with 255 complaints, while the lowest count is recorded in February with 99 complaints.
Data: Port Authority NY NJ
As noted in the lawsuit, a 2022 Government Accountability Office report highlighted “inadequate community engagement” and insufficient environmental impact assessments for flight path changes. The report also revealed that only 30 percent of new flight path systems underwent thorough environmental reviews.
The Environmental Protection Agency has reported that aircraft flying below 3,000 feet contribute to air pollution, releasing harmful toxins like carbon monoxide, hydrocarbons, and sulfur dioxide, especially during takeoff and landing.
Studies show that communities along these flight paths, including Valley Stream, Hempstead, Inwood and West Hempstead, have higher-than-normal rates of asthma, stomach cancer, and prostate cancer, which are linked to exposure to aircraft emissions.
Town officials pointed to new air control systems and satellite-based navigation systems that have contributed to the increase in flights and a decrease in altitude for many aircraft.
The lawsuit comes after the FAA failed to respond to a previous petition filed by the municipalities.
The Town-Village Aircraft Safety & Noise Abatement Committee, an integral ally of the town’s efforts to address aeronautical issues, has expressed these concerns to the FAA.
Town officials say the FAA has failed to take sufficient action.
People expect this when they live near an airport, but not to this extent,” Clavin said. “The FAA must follow the rules and regulations. Enough is enough.”
Floral Park resident Don Monroe, whose home is where the news conference for the announcement took place, noted how the air traffic noise impacts his life.
“Sometimes I have to stop mid-conversation because the planes are so loud,” Monroe said.
