The National Business
Aviation Association has joined with five other aviation stakeholders to file a
motion before the U.S. Court of Appeals, District of Columbia Circuit,
requesting a stay against the Federal Aviation Administration and an injunction
against the city of Santa Monica, CA preventing any further actions to reduce
the length of the runway, and to curtail aviation operations at Santa Monica
Municipal Airport (SMO), while the court reviews an unprecedented settlement
agreement between the FAA and the city.
On Jan. 28, the FAA and the
city announced the two parties had reached a settlement, requiring the historic
airfield to remain open only through Dec. 31, 2028, and allowing the city to
reduce the length of SMO's sole runway from 4,973 feet to 3,500 feet. NBAA and
others filed a petition last month asking the appeals court to review the
legality of that settlement agreement.
The filing lodged on Monday
(6th March) responds to the FAA's subsequent motion to dismiss that petition,
and the agency's assertion that the settlement agreement is not a final order
subject to review. In their motion, aviation stakeholders argue that the FAA
failed to follow established procedures when issuing the settlement order,
including consideration of its detrimental effects to operators and businesses
at the airport, and to the National Airspace System (NAS).
"In reaching its agreement
with the city, FAA disregarded well-established statutory and regulatory
prerequisites to the release of an airport sponsor from federal obligations,"
reads the filing. "Even a cursory review of the actions taken - and not taken -
by FAA finds that the agency did not comply with requirements both basic and
mandatory, and thus the settlement agreement is invalid - as would be any
actions taken in reliance upon it."
Steve Brown,
NBAA chief operating officer, expressed confidence the appeals court would
ultimately find the settlement agreement to be flawed. "By spearheading this
action to restrict, and ultimately close, a significant and vital Southern
California airport, the FAA failed to abide by its own mandate to defend
national aviation infrastructure," he added.
NBAA Western Regional
Representative Stacy Howard
noted that restricting turbine aircraft
operations at the airport would jeopardize many existing airport businesses and
drive operators from SMO.
"We aren't talking of
faceless businesspeople," she said. "Multiple businesses that are based at SMO
and those headquartered in its vicinity, provide employment for thousands from
the surrounding area. Curtailing aviation access to this vital airport would
terribly impact them and hurt Santa Monica's economy."
Other parties to the
petition include the Santa Monica Airport Association (SMAA), a longstanding
proponent for maintaining the airport's current presence; two airport-based
businesses, Bill's Air Center, Inc. and Kim Davidson Aviation, Inc.; and Redgate
Partners, LLC and Wonderful Citrus, LLC., two operators that frequently utilize
SMO. |