By Jorge Casuso
May 12 -- A federal appeals court on Friday upheld a legal order obtained by the Federal Aviation Administration (FAA) blocking the City from banning larger, faster jets at Santa Monica’s municipal airport.
The U.S. 9th Circuit Court of Appeals said the FAA would likely reject the City’s ban on Thursday, when it is expected to rule on Santa Monica’s year-old ordinance, which the courts have barred from being enforced.
FAA officials have said the law approved a year ago --which bans C and D aircraft with approach speeds of between 139 and 191 mph -- is unnecessary, illegally discriminates against aircraft types and harms jet operators.
If it loses, the City can file an internal appeal with the FAA, and, if needed, return to the federal appeals court.
The City has called the FAA’s challenge a “legal assault” on an ordinance responding to increasing concerns that soaring jet traffic -- from 4,829 jet operations in 1994 to 15,710 last year -- is putting neighboring homes, as well as pilots, in danger.
City officials worry that the larger aircraft could endanger houses that sit less than 300 feet from the 63-year-old airport’s only runway.
Friday’s decision left in place a preliminary injunction sought by the FAA in U.S. District Court last year.
Santa Monica officials have contended that the injunction should not have been issued by the lower court because the FAA failed to grant the City a hearing and did not make a formal determination of the ban’s legality before taking steps to block it.
