Legal Hurdle Cleared In Construction Of New Airport

Officials with The Panama City-Bay County International Airport and Industrial District (Airport Authority) announced Tuesday the United States Second Circuit Court of Appeals (Court) has vacated its stay that limited construction for the relocation of the Panama City-Bay County International Airport on property donated by The St. Joe Company -- a decision that allows the planned relocation to move forward.

"We are grateful to the Court for its time, attention and judgment," said Airport Authority Vice Chairman Bill Cramer. "We will now move forward with all due speed to complete this project and deliver its aviation, economic and environmental benefits to Bay County and Northwest Florida."

As ANN reported last week, airport proponents went before a three-judge federal panel in New York City January 23 to confront three organizations trying to stop construction of the new, 1,300-acre facility. The airport was approved by the FAA for a $72 million airport improvement grant in May 2007, and got its final sign-off from the US Army Corps of Engineers in August. At that point, it was set to become the first new commercial airport built in the US in a decade.

The Natural Resources Defense Counsel, Defenders of Wildlife, and a recreational pilots group called Friends of PFN sued to overturn the FAA’s "record of decision," claiming the decision was arbitrary, violated established procedures, and would lead to destruction of environmentally sensitive wetlands in the West Bay area.

The order from the Court noted that the four criteria are relevant in considering a stay: "...the likelihood of success on the merits, irreparable harm if a stay is denied, substantial injury to the party opposing the stay if one is issued and the public interest."

The order concluded, "...having reviewed the briefing on appeal and the administrative record before the agency, and having heard oral arguments on the merits on January 23, 2008, we now conclude that these factors balance in favor of the respondents (The FAA and the Airport Authority)."

"We appreciate the fact that the Court expedited this final hearing," Cramer said.

FMI: www.pcairport.com, www.faa.gov