News & Publications

FAA Issues Final Order in Santa Monica Airport Litigation

On July 8, 2009, the FAA issued a Final Agency Decision and Order in an enforcement proceeding brought by the FAA against Firm client, the City of Santa Monica, based on the City's decision to ban Approach Category C and D aircraft at the Santa Monica Airport.  For background, see articles in Airport Law Alert No. 7 and Airport Law Alert No. 9 and our news post dated May 14, 2009.  In the final order, the FAA concluded that the ban was preempted and violated Grant Assurance 22 (economic nondiscrimination).  However, the FAA also found (i) that the ban did not grant an exclusive right in violation of federal law and Grant Assurance 23, and (ii) that claims by the FAA Office of Airport Safety and Standards that the ban violated terms of a 1984 agreement between the City and the FAA and terms of transfer under the Surplus Property Act of 1944 were not reviewable in the Part 16 proceeding.