Blog

thanks howard:

In this case the California State Supreme Court ruled that a municipality that owns and operates an airport is liable on a nuisance theory for personal injuries sustained by nearby residents and caused by noise from aircraft using the facility

inverse condemnation – a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of the Constitution

nuisance – causes offense, annoyance, trouble or injury; private or public

Statute of limitations – I have read that before, that courts apply that.  And the whole nuisance thing of if you seem to be OK with it then let it continue.  I wonder if and how this can be communicated:  unaided vs. aided awareness.  No one has any idea planes are intentionally routed lower–in this case there is altitude involved too–right over their house, all the time, forever.  Nor (might) or would they have any idea what to do about it.  I think it is fair to say government programs often have public informing components, like public service announcements or mailings.  In larger programs there may even be a public or user measurement component, or management may do this on their own.  In my particular case I may have noticed something fairly systematic eight or nine months ago; I said to Andrea at DIA “this has been going on for a year” and maybe that is what I first suspected.  Her reply was “It has been going on longer than that.”  Personally, I only suspected something was up when I could hear the noise and more or less see the planes following each other.  My home looks out over the Rocky Mountains.  How many people can even see that far?

And there has to be something unprecedented in terms of NextGen–no one could have imagined it is or was what it is.  I am approximately 60 miles from the airport.  After weeks of asking questions I still don’t know when it started or how much worse (irrelevant) it will get.

In this day and age–NextGen complaints all over–is it reasonable to hold local officials or intransigent FAA employees responsible?

They are heading southwest toward Mt. Evans, per Mike McKee.  The whole idea is to fly straighter (and lower) but that means they’re coming from about the “70”  under the EDG in the upper right to the lower corner.  Maybe it is louder and more annoying when they come from behind you.

I’ve spoken with people and heard it myself around Bergen Park, which is above 30545 Roan Drive about where Highway 74 turns to the right.  Over the Walmart and Home Depot and closer to I-70 too it is really loud.  So the main path is not quite that south, more from Lakewood left.  Genesee must get it bad.

Make no mistake there are other paths too, especially going more or less in the other direction.  You can see it in the sky.

(more…)

Trump’s infrastructure plan: What we know

Disappointing, to say the least.  Seems Trump’s transportation plans are more about private funding than any particular “travel” vision.  It still could be better than nothing.

So where exactly does the fire all the traffic controllers thing come from?  How personally did Trump take the FAA barrage on his Florida utopia?  Very, I think.

https://www.usatoday.com/story/news/2017/03/16/trump-privatize-air-traffic-control/99216578/

This is not good news either.  More kowtowing to the distrustful airlines.  You can bet the FAA doesn’t want it and that has got to have Huerta’s attention .

FY 2017 funding levels will support 19,445 FTPs in the Air Traffic Services unit whose primary function is to ensure the safe and efficient flow of ATC services throughout the NAS

A ha!  There is a NextGen component:

Congress has become increasingly frustrated by the pace at which the FAA has progressed and by regular criticism of NextGen in reports from the inspector general and the Government Accountability Office. A House committee last year voted to spin off the controllers and the NextGen program into a federally chartered nonprofit organization run by a board of directors. The bill was never called up on the House floor, perhaps because Speaker Paul D. Ryan (R-Wis.) knew there was strong bipartisan opposition in the Senate.

The issue has divided the airline industry, won surprising union support for leaving the federal workforce and drawn comparisons with other nations that have privatized their air traffic control networks. If it wins congressional support this year, the FAA would lose more than 65 percent of its workers and be reduced to the role of a regulatory oversight agency, much like the National Highway Traffic Safety Administration, which issues auto regulations and recalls faulty vehicles.

House Transportation Committee Chairman Bill Shuster (R-Pa.); Rep. Peter A. DeFazio (D-Ore.); there are two people to write to.

Interesting, these people at DIA and Jeffco RE…  I’m glad for my experience with the federal government.  No, it has nothing to do with this.  This is a

I still think Huerta’s on the hotseat and noise complaints are going to get much worse; this business of a few “community” meetings is retarded and I have no intention ever of sitting down, looking at a map, and discussing flight plans.  And the local entities–government and airports–must protect their home-turf communities.

Won’t do it?  I’m moving.

How long has NextGen been making people really mad?

https://www.avvo.com/legal-answers/is-a-class-action-lawsuit-against-the-faa-possible-2346753.html

Why have Jeffco and Denver been so removed?

http://abcnews.go.com/2020/video/teacher-tad-cummins-developing-relationship-tennessee-teen-part-47240877

The video plays right through, no ads, and it is extremely well done–by far the most comprehensive look so far.

Videos of Jill Cummins are hard to watch.  She is absolutely sincere and cuter than I would have thought.  “I was in tears,” she said, when he taught her how to make coffee and she thought he wouldn’t be there any more.

The situation with Elizabeth’s mother has not been widely publicized.  It is sad to watch the crying girls.  The father?  He is sincere too, but you really should notice young girls being hit against dressers or being hit with 2×4’s.  Working day and night as an exterminator…  The girls themselves reported their own mother.

Where’s the link from the defense lawyer saying it is a tough case.  Yeah, the ‘you’re in a position of authority’ argument is not one you are going to beat.  Fifteen probably should be old enough but sex with a minor is pretty clear too.

You just don’t tell a student you have a nice ass.

I hate to say this, but some people just like playing the victim card rather than taking personal responsibility for their shortcomings. It’s often a self fulfilling prophecy once you begin developing a victim mentality.

secret source

The two things that I need to tell in order to finish the airplane noise story.

Aspen

Thinklikeabeast is no fluke.  Aspen trees can be very hard to grow, but they do well here only if they are protected from deer and elk.  An aspen grove that is not regenerating is dying.  Left on their own that is almost certain to happen.

It took a number of years but my house is now surrounded by aspen.  It is a short season:  no matter how warm it is they will not “leaf out” until mid-May and the Fall can be anyone’s guess.  Certainly by late October the leaves will be pretty much gone but, if they are protected, they are whiter than any other trees including birch.  The inner bark is edible and why elk can be relentless.  Anyway, they’re awfully beautiful and distinctive in the Winter too.

I always wanted to live along the ocean (except for the falling off a cliff into the sea part).  The golf hole can’t survive without the aspen because the grass will not stay green with the dryness and direct sun.  But the aspen are like the ocean in the Summer.  They sound exactly like the ocean.

The airplane noise has completely axed that.

For many, many others I think the desire to be outside and noise-free is also there.  But that is my story.

Ms. Christensen at the airport said “DIA is the biggest economic driver in the state.”  Some people may argue it is the Rocky Mountains.

Salt Lake City

This is the part about the pilot who flew to Salt Lake City and sat the plane there in order to prove some kind of point.  I think it was over a United or even union or airport thing.  There’s a very arrogant and even thug aspect to aviation.  I’ll go fly a plane and prove how macho I am.  Or I’ll work in aviation because it is such an international and critical industry.  Maybe I’ll finish this part.

Well, three things.  Huerta.  He’s feeling it and he has made all kinds of statements about the noise.

“We are very concerned about doing everything we can do to be as responsible as we can about noise,” FAA Administrator Michael Huerta said

I have plenty of interviews and pieces of primary data.  One is an attorney for whom noise abatement would be a conflict of interest; another is an aviation attorney who said these issues are way over my head.  I think it was Bush 2nd who said ‘If you’re not with us you’re against us.’  You just can’t be pro disturbing people.

Selling my house?  I prefer not to live around people who don’t care.

At this point it is pretty obvious that the local governments and maybe even the state don’t care.

Sure I’ll sell my house and buy another one.  How do I know they’re not going to do it–or allow it–there too?  This is completely without notice or information, and now that I’m asking for it I still can’t get it.

“We’re not doing it, it’s the FAA!”  Unbelievable.

http://www.dailycamera.com/news/boulder/ci_30928296/despite-faa-plan-south-boulder-residents-remain-skeptical

OMG what a question.  Where will I move to?  I don’t think I want to live somewhere where the local government would allow this to happen.

But wait, it is the FAA or DIA, certainly not Jefferson County?

It’s not reinventing the wheel because others have been doing it for about two years.  You don’t even have to buy a form letter on the internet.  It is something you have to do just to say you’re doing something.

What about the FAA?  I guess that’s one of the reasons I often tell people I worked for the federal government in Washington, DC.  Maybe, as a consumer (lawyers know it), I just feel so what, you can fight the federal government too.  In this one they’ve got a lot of egg on their face already and it could come about that Huerta gets canned.  Airlines saving fuel is not everyone’s priority, and besides, he’s a troublemaker.  The battles the FAA is creating is costing everyone time and money and the administration has other transportation plans.

I think it is an unwinnable fight.  I think they are underestimating the will of the people.  People all over the country are not going to give up and most people are not super-fond of airlines anyway.

DIA says it is all FAA.  Not really.  You can’t run an airport without the FAA.  Put another way, you can’t exactly say you don’t know about the FAA  Which leads me to my preferred solution:  move and sue DIA in small claims court.  Just call it a giant discovery process and/or citizen action.  Because I can’t get answers I’ll put them on the stand, be it Kim Day, Scott Morrissey, or whoever; remember, no lawyers.  I just want to hear them explain why they think they have a right to harass me virtually 247 in my home and in my yard.

So, the Jefferson County commissioners, you think they’re to blame?  No, blame isn’t the right word.  I’m very disappointed no one seems to have a clue.  My guess is, the two commissioners I wrote to–I don’t know what the other one does–do care and I will get a reply; I also think Bryan Johnson has some explaining to do.  But can they really do anything?  They’re sure in a better position than I am.  The “landscape” suggests you have a vulnerable opponent, many allies, and lessons that can be learned.  In the meantime, I think you need to inform and show the people you’re trying.

Yep, that’s the solution, sell and recoup.  I’m glad I sat down and figured this out; all the emails sent and received helped.  Need to refresh RE the small claims process anyway.  The evidence is clear and it is specific targeting.  Two per month, $10K limit, can all be done online.  I’ve always said, not being a lawyer can have it advantages.  Who should I start with?  Scott Morrissey?  Bryan Johnson?

I believe in personal responsibility.  If you are contributing you are responsible.

If you want to live next to an airport go ahead.

Ah, consumer behavior…  I’m selling my house because you’re disturbing me.  Pretty powerful weapon, wouldn’t you say?

Today we’re interviewing with FAA Ambassador Huerta.  It is being conducted by ultra-secret satellite hook-up.

MGOBLOGGING:  Ambassador, are you there?

MR. HUERTA:  You may call me Administrator.

MGOBLOGGING:  Yessir.  So what about this airplane noise?

HUERTA:  Airplane noise?  Did you know that in my home in New Jersey I was once torpedoed?

MGOBLOGGING:  I don’t follow.

HUERTA:  Torpedo.  As in submarine.

(more…)

Andrea Christensen

She didn’t seem to know about NDAA of 2017.

But this is what was so hilarious about the whole conversation:

“We’re not doing it, the FAA is.”

She said that three times.  She also said three times that the FAA doesn’t listen to noise complaints.  Sounds kinda ignorant given the whole situation.

I mean, it was all a bunch of strong-arm tactics.  That’s certainly a way to describe the FAA and I guess it trickles down.  A lot about policies.  Not very knowledgeable about the current landscape and some potentially pretty big changes at the FAA.  “There will be twelve runways…”  It says it on the website too.  But hey, we’re in charge and you better get used to it sooner rather than later is pretty clear.

And that is what I find so fascinating about nuisance law.  “You mean you are going to stand there and say we have the right to harass me in my home.”  That is what I said.

Oh.  Sustainability.  That would be Scott Morrissey, VP Sustainability.  That’s the whole problem, these practices are not sustainable.

scott.morrissey@flydenver.com

303/342-2836

(more…)

[evp_embed_video url=”http://pcpfeiffer.com/columns/wp-content/uploads/2017/04/myvid.mp4″]

https://www.washingtonpost.com/lifestyle/style/how-the-murdochs-took-a-multi-million-dollar-gamble-on-bill-oreilly–and-lost/2017/04/22/d2e12cca-2618-11e7-bb9d-8cd6118e1409_story.html

I’ll miss him when he is gone.  He’s the one who said, to virtually everyone, “You don’t know how to do” journalism.  Then he went out and proved it.

Son James has had absolutely everything growing up (including his education) and appears to be an outstanding executive.  I remember him from the Britain wireless scandals and the laws–it doesn’t matter if you knew, you are responsible.

James (I don’t know as much about Lachey) has been groomed to make tough decisions and he is about as good at it as anyone can be.  By tough I mean $5, $10, $100 million decisions regularly and within a very complex business.

As for Bill O’Reilly, I know people who watch him.  (Here in Denver the clock helps.  Sometimes you can put up with anything at 6 PM.)  Personally, I remember him from the days Fox was starting and occasionally when he pops up I am quick to mute or worse.  To me he is a blowhard.

But at the same time, I’m tempted to listen for just a moment to his gigantic, unflappable, motor-driven piehole once he shows up somewhere.

I haven’t read the above link but I hope I am pleased when I do.  I’ve followed them for years and I need an update.  If it is anything like the “mobile phone” ordeal they pretty much made the right decisions or got away with it–however you choose to look at it; Rupert testified and wasn’t touched, James survived, and last I heard Rebekah Brooks was back on the job.

In this one, “sources” have been saying for a while that James wanted O’Reilly out.

Rupert Murdoch has done an amazing thing (News Corp., market cap $33.7 billion) with two sons, at least one of whom is an outstanding executive, to take it over.