Battle Brewing Over Stage 2 Jet Ban

The Naples Airport Authority is used to fighting it out in the name of its Stage 2 jet ban, but this time around, a new foe may give the city a run for its money. This time, the authority's lawyers will be facing attorneys from U.S. Department of Justice (DOJ) in Washington, D.C.

The Airport Authority has filed an appeal in the U.S. Court of Appeals District of Columbia Circuit, disagreeing with the FAA's decision this past summer. After an administrative hearing, the agency determined the authority's decision to ban certain jets from Naples Municipal Airport violates federal law. The FAA also declared the authority's prohibition was "unreasonable" and in violation of a federal law that describes the criteria used to determine which airports receive government grants.

The Airport Authority, comprised of citizens appointed by the Naples City Council, has already paid more than $3 million in legal fees and studies in this case. The legal bantering all began after the authority decided to ban older, noisier jets from landing or taking off from the airport because of some citizen-based noise complaints.

The Naples Daily News reports Naples Airport Authority lawyer Joseph McMackin lawyer seems pleased the FAA will be represented in the appeal by DOJ attorneys and hopes the authority will have more success with them than it had with FAA's lown egal team. McMackin also said DOJ lawyers may be more inclined to settle a case than FAA lawyers, particularly if they suspect a loss may be a possibility.

McMackin said federal judges are deciding whether to accept motions by different special interest groups seeking to participate in the appeal process. The groups include the Air Transportation Association of America (ATA), NBAA, GAMA and the Airports Council International-North America (ACI-NA).

This case is considered to be pivotal in setting a precedent for Stage 2 jet bans across the country.

FMI: www.flynaples.com