City Council adopts interim ‘non‑addition’ rule to limit noisy jets at Van Nuys Airport

The Los Angeles City Council on Wednesday adopted an interim “non‑addition” ordinance intended to stop growth in the number of loud Stage 2 aircraft based at Van Nuys Airport, voting to approve the measure as amended and directing Los Angeles World Airports (LAWA) to begin further federal study and monitoring.

The ordinance freezes the present number of based Stage 2 aircraft (those with certified noise levels above about 77 dBA as defined in FAA advisory material) and prohibits new permanently based aircraft of the same noisy category. The council approved the measure and a related amendment directing LAWA to initiate a Part 161 study and to report on economic and noise impacts; the roll call recorded 13 ayes and the motion was declared approved.

Council members and LAWA staff framed the ordinance as an interim compromise aimed at halting an increase in the loudest jets while LAWA, the FAA and airport users continue work on longer‑term solutions. LAWA’s Lydia Kennard described the ordinance’s main provisions: an exemption for quieter Stage 3 aircraft; limited replacement rights for existing Stage 2 aircraft (replacement with aircraft up to 85 dBA allowed until Dec. 31, 2005, after which only Stage 3 or quieter aircraft may be based); and an exemption to permit aircraft to visit Van Nuys for maintenance or repair under strict conditions so they are not available for regular operations.

The hearing drew lengthy public testimony from business aviation associations and airport operators, who warned of economic impacts and litigation risks, and from residents and neighborhood groups pressing for stronger action. Andrew Plump, outside counsel for the National Business Aviation Association, warned council members that adopting the rule without fuller study could expose the city to legal challenges and urged a delay while FAA‑facilitated talks continue. By contrast, speakers representing homeowner and environmental groups urged immediate action and a faster phase‑out of the noisiest jets.

Several speakers described non‑airline public‑interest concerns: Duke Tonry of Clay Lacy Aviation said some medical organ‑transport flights rely on Stage 2 aircraft and could be harder to provide if those aircraft were restricted; Van Nuys Airport Association President Jim Dunn and representatives of business aviation stressed Van Nuys’s role in the local economy and asked for a continuance to study impacts. Homeowners and community groups, including Gerald Silver who spoke for multiple neighborhood organizations, said the proposed rule does not go far enough and urged that it be treated as a first step toward a full phase‑out.

Council action included a friendly amendment by Councilman Wax directing LAWA to begin a Part 161 study (federal statutory review that addresses noise and capacity and can be part of a defensible local policy pathway) and to report on economic and noise impacts. Kennard told the council LAWA would monitor economic consequences and report to the airport commission on roughly a biannual basis. Councilmembers said the ordinance should explicitly be treated as an interim step and they urged expedited follow‑up work.

The record also contains repeated references to an FAA letter the council received that cautioned against assuming federal approval of prior proposals and that raised legal questions about a short, mandatory phase‑out. Several council members said the FAA letter left the door open for a phase‑out if the city completes the required federal study and demonstrates the proposal is no more restrictive than earlier submissions, but warned that the FAA flagged potential interstate‑commerce issues and other legal tests.

The ordinance adopted by the council preserves limited replacement rights through 2005, allows maintenance and repair visits under restrictions, exempts quieter Stage 3 aircraft, and directs LAWA and the city attorney to continue work toward a longer‑term solution while monitoring economic effects and noise contours. Council members emphasized the measure is interim and pledged continued work with LAWA, FAA, airport users and neighborhood representatives.

Votes at a glance: the council approved the item as amended; the roll call on the item recorded 13 ayes (the clerk announced “13 ayes”), and the item was declared approved forthwith.

The council asked LAWA to return with monitoring and economic reports and to pursue the Part 161 study that could underpin a future phased reduction of the loudest aircraft. The department will also continue enforcement of existing curfew and curfew‑violation fines described in the record, and staff said penalties and a multi‑tier curfew enforcement regime already in place would remain in force while the city pursues longer‑term options.

Where this leaves the larger dispute: council members framed the measure as a compromise that halts growth of noisier planes now but will not, by itself, eliminate existing noisy jets. Several members said they expect the airport commission and LAWA to follow through with studies and additional rules, and some speakers pledged to continue legal and policy fights in state and federal forums.

Proponents of immediate, faster phase‑out said they will press the council and LAWA for stronger action; airport operators urged careful study of economic and interstate‑commerce risks. The council’s action sends the matter back to LAWA and the airport commission with a strong directive to pursue the federal review and to return with reports on impacts and compliance.