By Lookout Staff

October 15, 2010 --A Washington D.C. federal appellate court today heard arguments from City of Santa Monica and FAA attorneys about whether Santa Monica can ban larger, faster jets from the local airport. A decision is expected sometime later this year.

The City Council passed an ordinance two years ago that banned C and D jet aircraft, which approach speeds up to 191 mph, because they could harm those living near Santa Monica Airport (SMO). The FAA immediately challenged the ordinance.

The law, which has not gone into effect, went through a series of court and FAA hearings, with the City losing each battle. The case before the D.C. court has gained national attention. Neighborhood activists and governments have sided with the City, while professional and amateur pilot groups have sided with the FAA. Amicus briefs for both sides have been submitted to the court.

Santa Monica chose to take the case to Washington rather than the Ninth Circuit Court of Appeals in California because the City Attorney’s Office believes there is a better chance for victory in the nation’s capital.

“The District of Columbia Court is fairly used to receiving appeals from decisions of federal agencies,” Deputy City Attorney Ivan Campbell said in an April interview. “So they’re not easily intimidated by the fact that the federal government is before them. They are no stranger to them.”

This court case is being heard while the City is engaged in another battle with the FAA that could also eventually reach the courtroom. The FAA recently completed a 180-day test that had certain small planes flying out of SMO take an alternative path that took them over the neighborhoods of Sunset Park and Ocean Park. The FAA is determining whether to make the alternative flight pattern permanent. City officials and residents are opposed to it because of noise, pollution and safety concerns.

A recent study by a City-hired consultant determined that the alternative flight pattern did not cause a significant rise in local noise levels. Anti-airport activists have disputed the validity of the test.

There are some who would like to see SMO shut down completely. Last month, the airport closed for four days so routine maintenance could be completed. Anti-airport activists held a rally in Venice called the “Santa Monica Airport Peace and Quiet Vigil” to celebrate the quiet period. See Activists_Noisy_About_Airport , September 21, 2010.

There was a range of views expressed at the rally, but a number of people, including Santa Monica City Council member Kevin McKeown and Los Angeles City Councilman Bill Rosendahl, said the airport should shut down in 2015, when the City’s current agreement with the FAA on airport use expires.

Many SMO opponents say that the operation could cease in 2015. Others say airport closure is a complicated matter that would require a legal battle.