Constitutional Law
Sep. 30, 2025
Airplanes, airports and property owners - Oh my!
Despite decades of settled law, the federal government is still fighting airport noise claims -- this time over Navy jet flights.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
One thing about the legal business: if you stick around long enough you begin to reminisce about the way things were. I, for example, have been practicing constitutional takings law for about 55 years. I cut my litigational teeth, as it were, on cases involving the noise and other by-products of jet aircraft. Specifically, their impact on neighboring property owners. In fact, I wrote my Master of Laws thesis on the subject. You can find it published as "Nobody Loves an
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