February 27, 2024 #1 Local News, Forum, Information and Event Source for Venice Beach, California.

FAA Meets with City of SM in Dispute

By Mark Smith

The last time the City of Santa Monica appeared in the D.C. Circuit Court was back in October of 2010 when the City was the Petitioner and the Federal Aviation Administration (FAA) was the Respondent. On Monday, May 14, in the same courtroom, the City of Santa Monica and the FAA were odd bedfellows, sharing the same table as Respondents, defending their 2017 Consent Decree agreement.

Hanging on the walls of the D.C. Circuit courtroom are more than 30 oil painting portraits of D.C. Circuit judges (many of whom have become Supreme Court Justices) as a reminder, the only higher court than this District Court, is the Supreme Court.

Richard Simon was first, speaking for the Petitioners. He did not get far before the Judges asked why is this case was in their courtroom if another Judge had signed a Consent Decree. Simon pointed out, “this is the court, in our view, that handles most administrative law issues, this is a national issue, a national case, here we are.”

In February of 2017, aviation interest groups and aviation business filed a Petition to Review a FAA order, asking the D.C. Circuit Court to invalidate the Settlement Agreement between the FAA and the City of Santa Monica. The agreement, signed by City Manager Rick Cole and FAA Chief Counsel Reginald F. Govan, gave the City of Santa Monica permission to shorten the 4990 foot runway to 3500 feet and close the airport in December, 2028.

The Settlement Agreement was signed the last weekend of January 27th 2017 and then ratified a few days later as a Consent Decree by US District Court for Central California. An attorney familiar with Federal law said, “it is an unusual agreement, an unusual document, executed in an unusual manner.”

Back in 2010, the City of Santa Monica and several neighborhood groups were asking the court to uphold a City ordinance banning C and D category aircraft. This was an attempt to ban jets at the Santa Monica Airport. The City financed this unsuccessful legal action against the FAA with over $6 Million of funds from the airport fund. The current Settlement Agreement, succeeded where the C and D legal action failed. In December 2017, the City spent $3.2 million to shorten the runway. According to the Santa Monica Airport website, the new 3500 foot runway has reduced jet traffic by over 80 percent.

The Justice Department Attorney representing the FAA, Tyce R. Walters, pointed out, “this agreement (between the FAA and the City of Santa Monica) would have no force were it not entered as a Consent Decree.”

The practical question for the D.C. Circuit Court; does the FAA have the authority to relieve the City of Santa Monica from grant assurances and deed obligations to operate the airport in perpetuity?  Additional subjects address statutory requirements, including no public comment and no FAA documentation of its decision-making process.

When the Judges asked why this case should not go back to California, Deanne E. Maynard, the attorney for the City of Santa Monica from the law firm Morrison & Foerster, said, “just the notion that they would have to take an order from this court to the court in California shows what an odd procedure this is.”

The D.C. Circuit Court is expected to rule later this year.

Related Posts

A Guide to the Current Gambling Situation in Canada

January 1, 2024

January 1, 2024

For centuries, gambling has woven itself into the fabric of human culture; in recent years–marking an era where evolution pervades...

Smart Strategies to Save Money in Your Entertainment Budget

December 30, 2023

December 30, 2023

Many individuals and families in today’s fast-paced world share a common goal: finding ways to save money. The entertainment budget...

California’s top sports teams.

December 1, 2023

December 1, 2023

California is known worldwide for a multitude of exciting things. They’re known for their incredible beaches, glorious sunshine, and fabulous...

Your Lucky Numbers: Six Tips Towards Lottery Success

November 30, 2023

November 30, 2023

Have you ever wondered how people win money from the lottery? They may not always hit the jackpot, but they...

Five different ways to unwind.

October 1, 2023

October 1, 2023

Modern life is always busy and it can feel like your to-do list is never ending. When you’re not working,...

Over Half of Short-Term Rentals Advertised in LA Don’t Comply With City’s Home Sharing Ordinance

April 4, 2023

April 4, 2023

Better Neighbors LA report highlights the inadequacies of enforcement measures for short-term rentals in Los Angeles, calling for increased regulation...

Venice Beach Attempted Murder Suspect Arrested in West Virginia

December 22, 2022

December 22, 2022

Brandon Manyo Dixon arrest in West Virginia By Sam Catanzaro A man has been arrested for the attempted murder of...

The Current Gambling Situation in California

December 1, 2022

December 1, 2022

Here’s what to know about everything from online casinos to betting in the state. In the U.S., gambling is a...

Cancer Cartel Provides Financial Help To Cancer Patients

November 16, 2022

November 16, 2022 1

Cancer Cartel is helping cancer patients focus on their treatment, not the financial stress of living with a diagnosis. Learn...

100 Miles of Bus-Only Lanes Within Five Years on City Council Plans

October 17, 2022

October 17, 2022

L.A’s public transportation network is known for being slow due to traffic congestion. A new motion by L.A. City Council...

What Is the Most Effective Way to Sell a Used Car?

October 6, 2022

October 6, 2022

It’s no secret that selling a used car can be difficult. You have to find the right buyer, negotiate a...

How Do I Know What Types of Commercial Trucking Insurance Coverage I Need?

October 1, 2022

October 1, 2022

Running a small trucking company is expensive. You must comply with many rules set forth by the Federal Motor Carriers...

Best Ways To Show Your LA Baseball Love

August 10, 2022

August 10, 2022

Los Angeles is a sports lover’s paradise. In every sport except for the NHL, locals have two teams to choose...

Inspiring Others Through Body Positivity

May 13, 2022

May 13, 2022

Navy Officer Janae Carey Teams-Up with 2022 Herbalife24 Triathlon Los Angeles . Video brought to you by Pudu Pudu.

Best Gifts for Mother’s Day in 2022

March 31, 2022

March 31, 2022

Mothers are the first teachers children have in their lives. They simply teach us everything we need to know about...