File Motion To Intervene As Respondents In The Case

Two national aviation associations have filed a motion to intervene in the legal dispute between the City of Santa Monica and the FAA over control of the Santa Monica Airport (KSMO).

In papers filed in the Ninth Circuit Court of Appeals, the NBAA and AOPA say that as complaintants in the issue, they have a substantial interest in the outcome of this petition and seek to protect these interests by continuing to engage the claims of the petitioner, the City of Santa Monica (“the City”).

The Respondent does not oppose the Associations’ Motion For Leave to Intervene; the City is aware of the Associations’ intent but, as of the time of filing, has not stated a position in regard to this motion according to the documents.

AOPA says it is acting on behalf of its 4,700 members who reside within a 25 mile radius of Santa Monica. AOPA members who use or wish to use KSMO have been and will be directly and significantly affected by the City’s attempts to misconstrue the expiration date of its grant assurance obligations, and to close or significantly limit operations at SMO contrary to these obligations.

NBAA acted particularly on behalf of its numerous members who are located at and/or utilize KSMO that will also be impacted negatively.

"The Associations are interested in preserving access to the nation’s public-use airports. This includes SMO, which serves the important role of a reliever airport in the congested and complex southern California airspace. Any changes and particularly closure could and would significantly and negatively affect airspace operations in the entire southern California area. Moreover, SMO is part of an integrated national air transportation system, which is funded in large part by AIP grants.

"Any decision in this case may set a precedent for other airports in regard to their obligations to adhere to restrictions and covenants agreed upon with the FAA.

"The FAA must continue to have reasonable and appropriate oversight of the airports that are the beneficiaries of federal investment, to ensure a safe and efficient system. Notably, the FAA must be able to ensure that AIP grant recipients comply with their obligations to maintain and improve those airports, and to make them available to all types of aeronautical users on reasonable terms and without unjust discrimination," the document states.

(Source: Provided court document)

FMI: www.aopa.org, www.nbaa.org