Court Denies GA Advocacy Groups' Petition To Overturn KSMO Agreement | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

Airborne Unlimited -- Recent Daily Episodes

Episode Date

Airborne Unlimited-
Monday

Airborne-Unmanned w/AUVSI-
Tuesday

Airborne Unlimited-
Wednesday

AMA Drone Report-
Thursday

Airborne Unlimited-
Friday

Airborne On ANN

Airborne Unlimited-10-08-18

Airborne Unmanned-10-09-18

Airborne Unlimited-10.10.18

AMA Drone Report-10.11.18

Airborne Unlimited-10.12.18

Airborne-YouTube

Airborne Unlimited-10-08-18

Airborne Unmanned-10-09-18

Airborne Unlimited-10.10.18

AMA Drone Report-10.11.18

Airborne Unlimited-10.12.18

Thu, Jun 14, 2018

Court Denies GA Advocacy Groups' Petition To Overturn KSMO Agreement

NBAA Says Ruling Is 'Procedural', Vows To Continue To Fight For The Airport

The NBAA called the D.C. Circuit court’s decision to deny, on procedural grounds, a petition filed by multiple GA advocacy groups to overturn a questionable agreement between the FAA and the city of Santa Monica regarding the city’s airport issued Wednesday "disappointing”, but noted the ruling does not address the merits of the legal filing and that the work to keep the historic airport open continues.

“We're obviously disappointed by this decision, but it's important to note the court did not make a determination as to the merits of our arguments against the validity of the original settlement agreement,” said NBAA president and CEO Ed Bolen. “This ruling was purely a matter of procedure, and in no way does it establish a precedent by which the FAA may enter into similar agreements affecting the fates of other vital general aviation airports.”

Specifically, the U.S. Court of Appeals for the District of Columbia (DC) Circuit has denied on procedural grounds a petition filed by NBAA and others that sought to overturn a settlement agreement between the FAA and the city of Santa Monica, CA, which allows the city to curtail aviation operations at Santa Monica Municipal Airport (SMO) and grants the option to close the facility after Dec. 31, 2028.

NBAA had urged the court to vacate the January 2017 settlement agreement on the grounds the agency exceeded its authority and defied requirements established by Congress, as well as the FAA's own responsibility to support the country's aviation interests.

However, in the ruling, published June 12, the court sided with the FAA’s contention the settlement agreement “does not constitute final agency action reviewable” by the DC court, and that a subsequent consent decree remains binding to enforce the city’s actions against SMO. That decree was issued by the Central District of California, and according to the court ruling, it is only reviewable by the Ninth Circuit Court of Appeals.

Prior to the settlement agreement, the FAA had maintained the city’s obligation to preserve SMO not only endured until 2023 based on federal grant assurances, but also lasted in perpetuity under obligations included in a 1948 surplus-property deed. NBAA contended the FAA offered no explanation for the settlement agreement and failed to engage the public, including airport users and tenants, beforehand. The petition further asserted the settlement did not comply with the Airport Noise and Capacity Act of 1990 and violated several other statutes.

Bolen emphasized that NBAA continues to be engaged on matters related to SMO, including a pending FAA administrative complaint alleging violations of the city's grant-based obligations to the airport. “NBAA remains a determined advocate on behalf of this important Southern California airport, so that it may endure today, tomorrow and beyond 2028,” he said.

Other petitioners to the court included the Santa Monica Airport Association; Bill's Air Center; Kim Davidson Aviation; Redgate Partners, LLC; and Wonderful Citrus, LLC. The Aircraft Owners and Pilots Association and the General Aviation Manufacturers Association also filed amicus briefs in support of NBAA.

(Source: NBAA news release. Image from file)

FMI: www.nbaa.org, Court Ruling

Advertisement

More News

AMA Drone Report 10.11.18: MultiGP/DRL Join Up, Hurricane Warning, EAA Support

Also: Airspace Authorization Expire?, MOSAIC Proposal, New LAANC Providers, FAA Targets UAS Violators The 2018 MultiGP Drone Racing Championship and 2019 DRL Swatch Tryouts eSports>[...]

Airborne-Unmanned 10.09.18: FAA Reauthorized, MQ-9B SkyGuardian, MultiGP/DRL

Also: V-247 Vigilant UAV, ParaZero FAA Waiver, AUVSI'S Trusted Operator, Augusta Drone Company The President of the United States has signed the long-term FAA Reauthorization that >[...]

Airborne 10.12.18: Soyuz Close Call, ONE Aviation BK, Balloon Fiesta v UAVs

Also: Pentagon Grounds F-35s, Pilot Fired, FedEx Offers Bonuses, United Airlines A Russian launch to the ISS, carrying a Russian and American astronaut, was aborted early in the la>[...]

Airborne 10.12.18: Soyuz Close Call, ONE Aviation BK, Balloon Fiesta v UAVs

Also: Pentagon Grounds F-35s, Pilot Fired, FedEx Offers Bonuses, United Airlines A Russian launch to the ISS, carrying a Russian and American astronaut, was aborted early in the la>[...]

Expert Help Wanted: Could YOU Be The Next Face Of 'Airborne?'

Aviation's Longest Running Video News Program Is Seeking New Talent For Airborne Expansion ANN is on the hunt for next new face of our Airborne news program series... in order to a>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2018 Web Development & Design by Pauli Systems, LC