Judge’s Order Marks Third Ruling in a Row Allowing
Construction to Move Forward
The Panama City–Bay County International Airport and
Industrial District (Airport Authority)
confirmed Saturday that U.S. District Court Judge Timothy
J. Corrigan had denied airport opponents' third attempt to halt
construction at the new Airport. Airport Authority Chairman
Joe Tannehill said construction was proceeding unrestricted, in
accordance with our permits, and on schedule. The new airport is
being built on a 4,000-acre site in northwestern Bay County on land
that was donated by The St. Joe Company.
The Florida Clean Water Network, Inc. had requested a
preliminary injunction to halt construction of the new airport. The
Natural Resources Defense Council (NRDC), Citizens for the Bay and
Defenders of Wildlife subsequently joined Florida Clean Water
Network in the lawsuit. The lawsuit was brought against the United
States Army Corps of Engineers and the United States Fish and
Wildlife Service. On February 14, 2008 following a hearing in
Jacksonville, United States Federal District Court Judge Timothy J.
Corrigan denied the requests for a preliminary injunction.
Saturday's denial follows a similar denial on February 5, 2008 when
Judge Corrigan denied the opponents’ request for a Temporary
Restraining Order to halt construction.
In denying the motion for a preliminary injunction the Court
said:
“The Court finds plaintiffs have failed to carry their
burden of demonstrating they are substantially likely to prevail on
any of their NEPA (National Environmental Policy Act) or CWA (Clean
Water Act) claims against the Corps. Specifically, plaintiffs have
failed to show that the Corps acted arbitrarily and capriciously or
abused its discretion in defining the purpose, in evaluating the
alternatives, in assessing the cumulative and indirect impacts, in
declining to supplement the EIS regarding the dewatering issue, in
relying on the Fish and Wildlife Service’s Biological Opinion
to reach decision as to the effect the project on the flatwoods
salamander and other species and biota, in assessing the mitigation
plan or in any of the broader or narrower explications of these
issues suggested by plaintiffs.”
“Plaintiffs having failed to demonstrate a substantial
likelihood of success as to any of their claims against the Corps,
the Court need not determine whether the other prongs of the
injunction standard are met.”
“As for plaintiffs’
claims against the Fish and Wildlife Service brought under the
Endangered Species Act, the parties disagree as to the appropriate
standard upon which to review these claims, but the Court finds
that even the standard argued by plaintiffs does not support the
issuance of a preliminary injunction as plaintiffs have not
demonstrated (to a substantial or even reasonable likelihood) that
the Biological Opinion issued by the Fish and Wildlife Service
violated the procedural or substantive requirements of the
Endangered Species Act.”
“Judge Corrigan’s ruling was the best we could have
hoped for at this juncture,” said Airport Authority Vice
Chairman Bill Cramer, who attended the hearing in Jacksonville.
“Airport opponents have not established a substantial
likelihood of success in their arguments against the new airport.
As we have said from the beginning, the FAA did a complete and
thorough analysis of alternatives before issuing its Record of
Decision to relocate the airport. The U.S. Army Corps of Engineers
did an equally thorough analysis before issuing the Section 404
Permit. Every step of the way, the Airport Authority has sought to
exceed what is required. We have been very diligent in managing
this project, and our success in Court to date underscores
that.”
“It’s taken nearly a decade of hard work and
analysis to get to this point,” said Tannehill. “We
have completed an Environmental Impact Statement (EIS). We have a
Record of Decision. We have applied for and received more than
twenty different permits, an approved financial plan including
local, state and federal funding, and we have sold the existing
airport site,” said Tannehill. “It’s taken hard
work from dozens of local, state and federal agencies to get to
this point. Now, with construction underway, we fully expect to
open our new airport in 2010.”
“We look forward to delivering the air service, economic
development and environmental benefits of this project to this
region’s residents and visitors alike,” said
Tannehill.