Bill to Limit Airport Suits Nears Possible Veto

SACRAMENTO — A bill to limit the number of lawsuits over jet noise at publicly owned airports is soaring once again through the Legislature and is now only one vote short of landing on Gov. George Deukmejian’s desk.

But it appears that Deukmejian, who vetoed similar measures in 1983 and 1984, may veto the bill a third time.

Assemblyman Richard Robinson (D-Garden Grove), the bill’s author, said he has made “major improvements” since the governor last rejected a bill to limit airport noise suits. The bill passed the Senate Tuesday by a 22-6 vote. It now returns to the Assembly for its expected concurrence in Senate amendments.

Robinson acknowledged he so far has received no assurances that Deukmejian will not again veto his bill.

Asked for Meeting

“On the previous (1984) bill, we had very good negotiations with the governor’s office, but it did not result in his signature,” Robinson said Tuesday. “This time, I have requested a meeting, but it has not been granted.”

Airports in Orange County, Burbank, San Francisco and San Diego have been bombarded for years with lawsuits by neighboring residents over jet noise.

Robinson said Tuesday that before the legislative session ends this week he will try to make whatever changes he can to make his bill acceptable to Deukmejian. But “absent any signal . . . I’ll send it to him on Friday night,” Robinson said.

Officially, Deukmejian has taken no position on Robinson’s bill. But Donna Lipper, the governor’s assistant press secretary, said “it is suspected (Deukmejian) will look unfavorably” on Robinson’s bill because of its similarity to the two previous measures.

In 1983, Deukmejian said he was sympathetic to the problems repeated lawsuits cause for local governments but he vetoed Robinson’s bill, saying “such problems can be reduced without drastically limiting the public’s access to the courts.”

In 1984, Deukmejian said Robinson’s bill was inappropriate because residents surrounding the Burbank Airport had a case pending before the state Supreme Court.

Robinson’s bill would overturn the October, 1985, Supreme Court ruling in that case. The court ruled that noise from airport operations is “the quintessential continuing nuisance”--in effect strengthening the right of neighboring residents to sue airports repeatedly.

Robinson’s bill would declare airport noise a “permanent nuisance” and, after December, 1987, permit airport-area residents to sue over jet noise only once unless the noise level substantially increased.

Airport operators say area residents near airports use “nuisance” lawsuits to bring political pressures on local governments by forcing them into costly and time-consuming legal battles.

Orange County officials say that settling the pending claims against John Wayne Airport could cost $2.8 million, and San Francisco officials said claims, legal fees and administrative costs involving their airport could amount to $36 million a year.

Seymour Supports Bill

Sen. John Seymour (R-Anaheim) said Robinson’s bill limiting such lawsuits “is just common sense. We are the only state in the nation to have such a ridiculous nuisance-type solution . . . to airport noise.”

But Sen. Marian Bergeson (R-Newport Beach) and Sen. Alan Robbins (D-Van Nuys) said the bill would unfairly strip away airport-area residents’ right to seek redress in court.

“It is a terrible bill. In my opinion, it is the worst bill we have considered all year,” Robbins said. “I believe that people who live in the areas of North Hollywood and Burbank who live under airport noise, as well as people who live in high income areas like Newport Beach . . . are entitled to . . . have their day in court.”