Finally, FAA is sued for resisting required air tour plans
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After seventeen years of obstructionism, the Federal Aviation Agency (FAA) is being sued for effectively ignoring a law requiring the development of air tour management plans (ATMPs) for National Parks. The National Park Air Tour Management Act of 2000 requires the FAA and National Park Service (NPS) to prepare an air tour plan for any park with over 50 flights per year, or develop voluntary agreements with air tour operators. Since then, the National Parks Overflight Advisory Group (NPOAG), which includes representatives from the FAA, NPS, air tour industry, and environmental groups, has been meeting regularly, but very little has come of it. Two small parks have voluntary agreements, and two others are in the works, but progress on the more challenging parks has been nearly non-existent. Most egregiously, the planning process at Hawaii Volcanoes National Park has been absurdly slow: the EIS process began in 2007, but four years later, rather than releasing a Draft EIS, a scoping document with proposed alternatives was released….and that 2011 document is the last we’ve heard! Still no management plan, let alone even a Draft EIS.
So, the Public Employees for Environmental Responsibilty (PEER), along with a coalition of Hawaiian groups has sued the FAA to force them to jumpstart the planning at Hawaii Volcanoes and five other parks, calling for them to adopt voluntary agreements or release draft plans within the next two years. Rather than completing the required ATMPs, the FAA has been issuing thousands of routine “interim” authorizations to air tour operators, effectively grandfathering in all existing flights. “Our lawsuit is designed to curb damaging overflights and require the FAA to finally manage what is now basically a flying free-for-all,” says Jeff Ruch, executive director of PEER. “Unless the FAA acts, air tour operators have no incentive to negotiate voluntary restrictions to minimize impacts on parks,” Ruch said. “Our lawsuit is meant to jumpstart a planning process that should have begun a generation ago.”
Hawaii Volcanoes Superintendent Cindy Orlando notes that helicopter noise is audible in 98% of the Park’s wilderness areas; “There basically isn’t a single location in the park where a visitor can go and be guaranteed of hearing only natural sounds,” she said. The NPS is not involved in the lawsuit, but has a long-standing position of wanting to move the ATMP process forward at a faster pace. Indeed, in 2015, after the FAA rebuffed NPS input as it redesigned flight corridors in California, two NPS staffers gave voice to their agency’s frustrations:
“The Federal Aviation Administration has a very different mandate than [the NPS],” notes Vickie Ward, the NPS overflights program manager (and a member of the NPOAG). “We look at why parks were established and what were the resources being preserved. In that difference in our mandates, it’s made it really difficult for us to find common ground.”
“We have a long history of [the FAA] not agreeing with us,” said Judy Rocchio, a program manager at the NPS Pacific West regional office. “We feel we’re obligated to get this noise off of the wilderness areas. And so we’re just trying to do our job, and they’re just ignoring us.” For Rocchio, the longstanding dispute over air tours speaks to her broader frustrations with the FAA’s priorities. The FAA “seems to be more of an advocate … for air tours, and I’m not sure they need to be advocating for the air tour industry,” she said. “Shouldn’t they be partnering with another federal agency to protect resources?”
The new lawsuit targets Hawaii Volcanoes and Haleakala in Hawaii, Glacier in Montana, Great Smoky Mountains in Tennessee, Bryce Canyon in Utah, and Muir Woods National Monument in California. It’s not clear what criteria the groups used in targeting these particular parks; only the two Hawaii units are under intense air tour pressure (about 15,000 flights at Volcanoes, 5,000 at Haleakala), with the others being high-profile parks with flights numbering 400-900 per year. Perhaps the thought is that some of these may be candidates for voluntary plans, so that the two-year timeline might create a framework for moving more rapidly in a variety of situations in other parks in coming years.
In 2004, planning nominally began at several other parks with many thousands of flights per year (Lake Mead, Mt. Rushmore, and Badlands National Park), with Death Valley being added in 2009, though nothing’s been finalized at any of these. And the NPOAG website notes that the 2002 rule-making document targeted several other units to be covered, including Golden Gate and Point Reyes in California (which, together, would likely protect Muir Woods as well), Petrified Forest in Arizona, Mt. Rainier, and two units in New York Harbor. Twenty-six parks currently have over 50 flights per year and so are subject to the Air Tour Management Act (see p.6-8 of this FAA summary); twelve have over 600 flights per year (often concentrated into the summer season), and nine have over a thousand.
Author and filmmaker Doug Peacock speaks for countless others when he sums it up like this: “There ought to be a few places in the world where you indeed can measure some silence in your own life, as it used to be everywhere. The interior of a large chunk of public lands, a national park, is your best shot at it. It’s rendered impossible by the noise of a single helicopter.”

A nine-year court battle over motorized recreation in Utah’s red rock country has ended with
On the other side of the table, Paul Turcke, the attorney for off-highway vehicle groups, said, “We’re not turning cartwheels over this, but given the alternatives and given the fact that we could participate effectively and make positive changes to this agreement, we think it’s the best option for moving forward.” Motorized recreation enthusiasts applauded the lack of any immediate changes on the ground; no routes were closed as part of the settlement, though some are likely to be shut down during the renewed planning process. Turke notes, “Everyone gets a fair shake in the future process and they can challenge the outcome if they choose.”
This post from NRDC
The overall results are fairly clear-cut. Here’s a graph of the two groups; the boxes show the 3 quartiles of results in each group (the bottom of the box being the level that 75% of the animals were above; the line across the box showing the level where half the animals were above, half below; and the top of the box the level that 25% of the animals were above), with the bars outside the box showing the remaining scatter of individuals. The mean among controls was .87, and among the affected group the mean was 3.16
A closer look at the results suggests that, as usual in field studies, there is a lot more going on than the means and medians suggest. Here we see a plot of the 9 affected setts, with distance to nearest turbine on the bottom axis. Interestingly, there is a wide scatter of results, with some setts (2 of the 9) showing levels very similar to the controls, about half (4 of the 9) having somewhat elevated levels, and only 3 setts being highly elevated, above the highest of the control setts. Our first image shows this skew, with the upper quartile of the affected box stretching far above the middle line (and thus pulling up the mean to a significant degree).




Male shiners make two sounds during mating: loud “knocks” used to challenge other males who are intruding, and softer “growls” used to court females. Streams are naturally loud environments, with noise from wind, rain, and turbulence; shiners take advantage of a relatively quiet “window” in the broadband noise, between 172 and 366Hz (like many other animals that vocalize in frequency ranges less cluttered by local sounds or other species). While the traffic noise is not much louder than the natural stream sounds at frequencies above 700Hz, unfortunately for the shiners, in this key quiet window it is significantly louder than the stream noise—and also the seductive growls of male shiners. The graph shows natural ambient noise (green), road noise (red), and growls (black dotted line). The two peaks in the growl acoustic spectrum are particularly important; the lower peak in particular is dramatically drowned out by traffic noise.

The survey, by Columbia University’s research vessel the Marcus Langseth (left) would examine seafloor sediment, as part of research looking at how climate change has affected river runoff and deposition over the past sixty million years. Some
Luckily for the fin whales who are the most populous marine mammal in these remote waters east of northern Greenland, they tend to show up toward the end of the summer airgun season, and concentrate their polar activity in the winter, when the airguns go silent. But blue whales and a relatively few sperm whales like to be there in late summer, and must co-exist with the steady rumble of airgun sounds, which increase the ambient sound levels by an average of 5-10dB, and up to 20dB. By contrast, the roar of storm-driven winter waves adds up to 12dB, and the calls of thousands of fin whales add up to 10dB.
This marks the successful completion of a 



With all this in mind, Dominion Virginia Power’s first commitments to the Virginia Offshore Wind Development Authority