An Anatomy of New Jersey's Airlines Case

On August 12, 1969, a civil action for injunctive relief and penalties was commenced by the New Jersey State Department of Health against the major airlines using Newark Airport. The lawsuit was the natural outgrowth of more than a decade of unsuccessful attempts by the state to have the problem of jet aircraft smoke corrected. The case was eventually settled by a stipulation, the terms of which provided that the airlines would immediately embark upon a corrective program to retrofit existing aircraft with smokeless combustor cans, which program would be substantially completed by December 31, 1972.

This paper examines the chronology of New Jersey's abortive attempts to abate the problem and analyzes the elements of the successful legal action.