‘We The People’ refuse to continue to be FAA’s Collateral Damage

The previous aiREFORM Post discussed two recent industry letters, sent to key U.S. Senators. The logo-saturated letters were sent by dozens of aviation industry coalition members. They pushed for a quick passage of FAA’s Reauthorization bill, and they also pushed Senators to ignore the many noise and pollution impact-related amendment proposals. The centerpiece of the aiREFORM Post was a ‘possible’ letter by the same coalition, suggesting what they would have written if they were temporarily honest, somewhat apologetic, and freed from their aviation greed. Check it out here.

At last week’s Sky Justice National Network teleconference, an activist from the New York City area made a great suggestion: we need to band together and present key Senators with OUR LETTER – a letter from all of us, pressing for no reauthorization passage until needed FAA reforms are added. Well, after some discussion by a handful of activists across the nation, the letter is finished. The plan is to gather as many signatories as possible – activist groups, individuals, even municipalities and local officials – and then send the letter to Majority Leader Mitch McConnell and Minority Leader Chuck Schumer.

What’s In The Letter?

The letter is fairly short. It presents the NextGen impacts in the context of failures by both FAA and our elected officials. The letter lays out key facts about disinformation in the coalition letters, as well as FAA’s NextGen history. The letter directly requests that the U.S. Senate do their job by debating the NextGen impacts and compelling FAA to repair the damages they have done. Here are two excerpts from the letter:

“Congress authorized FAA’s NextGen program in 2003. Sadly, the NextGen implementation has proven to be a full-frontal attack on citizens and communities, solely to benefit airline profit-margins. Routes have been concentrated and lowered, forcing citizens to lose sleep and forget peace under nearly nonstop noise assaults. The noise diminishes mental health and civility, while the air pollutants destroy our cardiovascular health, especially for children and the elderly. This is oppressive and unjust.”
“FAA is using NextGen as a hammer to disempower people. Local communities need Congress to restore meaningful local control, so that airlines and airport authorities can no longer metastasize their hubs into airports that are ‘Too Big to Fly’, airports that are brutalizing the people below.”

When Will The Letter Be Published?

The actual letter will be fully publicized after it is mailed, which is planned to happen before the end of August. For now, it is important that we get the largest possible number of signatories. Those wanting to sign or learn more about the letter can contact Jana Goldenberg or Elaine Miller at Plane Sense 4 LI, using this email address:

Ps4longisland@gmail.com

The ‘SAMP’ Oxymoron: There is NOTHING Sustainable about Commercial Aviation at SuperHubs

SAMP stands for ‘Sustainable Airport Master Plan’. It looks like someone at the Port of Seattle (POS) has decided it would be a fun joke to add the word ‘sustainable’; maybe they were bored, maybe they wanted to imply this master plan would show meaningful environmental stewardship, moderation so as to not over-consume, etc; or, maybe the Port of Seattle just wants to test and see how stupid we are.

Let’s be clear: there is nothing at all sustainable about commercial aviation. Even in a country as ‘advanced’ and ‘wealthy’ as the U.S., only a small fraction of people do anymore than one air trip per year. During each of our personal air trips, we are individually consuming more fossil fuels and at a higher rate of consumption than we do in any other civilized human activity (war and arson do not count, OK?). So, it is a sick joke for POS or anyone to try and brand a new product (their latest round of airport master plan documentation) as good for the environment. Frankly, it is way too much like FAA’s spin on NextGen: claiming that, by using precision routes and automated flights, they might reduce CO2 emissions … while carefully NOT stating that the reductions would only happen by letting the airlines turn lower and closer to the runways, increasing impacts under both departures and arrivals.

Some Background on POS & KSEA:

The Port of Seattle has been brutally destroying local quality of life, with a relentless push to over-expand their one airport property, Sea-Tac [KSEA]. People are suffering from sleep loss, polluted air, and intrusive noise under repetitive flight paths narrowed via NextGen’s reliance on autopilot navigation.

Shortly after the 2012 announcement by Delta Airlines, that they were creating a new hub at KSEA, takeoff and landing operations began to soar; in fact, Sea-Tac has seen the most rapid growth in the U.S., with annual total operations climbing 31% from 2013 to 2017. Many people are understandably upset, especially this time of year, when backyard gardening and other pleasant activities are, well, not just unpleasant but even unhealthy. There is something not too tasty about barbecuing burgers while smelling jet fuel and aviation exhaust.

People have been clamoring for a cap on operations at KSEA, and demanding a real effort to develop alternate airport facilities to serve the Puget Sound area. This idea especially applies to air cargo, in no small part because people are sick and tired of being woken up by multiple Asia-bound cargo 747s that take off between 1AM and 4AM pretty much every night. But, again, since Sea-Tac is POS’s only airport, they have a vested interest to stop all efforts to shift activities elsewhere. They do not want to lose any federal grants that flow each year from the AIPgravy train.

The Port of Seattle is like an invasive and noxious weed, but actually much worse; unfortunately, they cannot just be dispatched with an herbicide or shovel. They do not belong here, yet they have powers that define local quality of life. They are not held accountable. They parasitize in multiple ways: taking mandatory taxes from homeowners, grabbing land around the airport, and sucking the oxygen from the air so no other airports can possibly emerge to compete with Sea-Tac. This is a troubling reality in U.S. commercial aviation today: just like with banks, pharma, grocers, and all other industries, political forces are aiding intensive and very destructive concentration. We see very few airlines now, and the bulk of their route systems are funneled through about a dozen main hub airports in the entire nation.

POS’s Latest Propaganda Exercise

A SAMP presentation was given at Federal Way. Attending were Clare Gallagher (POS Public Affairs Director, Capital Projects Delivery), Arlyn Purcell (Aviation Director of Environment & Sustainability), and Ryan Calkins (a POS Commissioner). Word is that Commissioner Calkins did not stay, so it was Gallagher and Purcell doing the actual presentation. Here is an embed video.

Below is a copy of the 16-slide PDF presented by POS. It is loaded with spin, not least being on page three, where a chart shows the huge growth from 2013-2017, but the title states, “Sea-Tac growth tracks with regional growth.” Such bullshit. The chart shows clearly passenger numbers growing far faster than local population. BTW, the reason is simple: with both Alaska and Delta setting business models to maximize profits by flying more and more people through KSEA (not departing there, not arriving there… just using the airport as a short stopover), many more flights must be handled each hour. In other words, all the added noise and pollution are aimed at narrowly benefiting these two airlines.

Also, be sure to notice the figure on slide two, where POS states 69.4% of passengers start or end their flights at Sea-Tac. First off, this means even their own numbers show a substantial 30.6% of passengers only pass through. But, consider this, too. POS’s figures are almost certainly incorrect. With online ticketing, where each of us goes to a website and clicks away to set up our personal air trip, it is now possible for many more passengers to arrive on one airline and then depart an hour or two later on another airline. Online self-ticketing is the dominant method now, and such tickets will not reflect us as a pass-through; in fact, it these tickets show us as both a ‘destination’ (arriving passenger) and ‘origin’ (departing passenger). It is quite possible that, in 2017, anywhere from 40% to 50% or more of Sea-Tac passengers never even left the terminal.

Click on the image below for a scrollable view; the PDF file may be downloaded.

Other Resources:

  • click here for Steve Edmiston’s ten questions submitted in writing (Steve was unable to attend, but the questions are outstanding … the sort of questions elected officials – including POS commissioners – are reliably failing to ask.).
  • click here for Sue Petersen’s submission, with five airnoise.io complaint samples.
  • click here for POS’s 7-page final draft notes for the May 30, 2018 SAMP presentation. It includes public comments/questions, with responses by the Port, many of which feel downright Orwellian.

Continue reading

Part 2: “It is like being broken up with on a Post-It note”

More details to ponder about FAA’s latest tantrum: their refusal to communicate with Marylanders because the good Governor has filed a legal challenge against FAA. Sheesh.

Washington Post followed up on the Baltimore Sun news story. (click here for the source article, click here for an aiRchived version) The piece was by Michael Laris. There is a common and consistent problem with articles by the mainstream media, including Washington Post. In the middle of this article, a paragraph implying NextGen benefits is inserted, but none of the alleged benefits are supported by any real data. That is to say, the suggestion of addressing congestion fails against the reality that total airport operations (takeoffs and landings) at the main passenger airline airports have actually declined 14% between 1989 and 2017; in other words, the only ‘congestion’ is accommodation of airlines who ‘demand’ that a select few airports become superHubs. (click here for a 3-page PDF analysis; the combined data showing the 14% decline is at the bottom of page 3) And, as for efficiency, the only ‘gains’ are potentially realized by subverting the environmental review process (e.g., liberally applying the CatEx) to impose highly impactful routes with turns lower and closer to airport runways.; in other words, FAA is orchestrating a wholesale dismissal of environmental concerns.

There’s another important detail to consider, about the Baltimore-Washington airport. According to the Bureau of Transportation Statistics (BTS), Southwest is by far the dominant airline at KBWI, with nearly 69% of passengers. (click here for BTS website, click here for an aiRchived copy of the KBWI airport report) So, if FAA imposes changes that increase both impacts and airline profit margins, Southwest is the key player who could, in a very neighborly way, advocate on behalf of impacted residents. When is the CEO of Southwest Airlines going to stand up and protect community quality-of-life and health, by telling FAA to fix these new routes? If Southwest did this, they would stand to build even greater customer loyalty. That, coupled with their near-monopoly at KBWI (and dozens of other U.S. airports, BTW!), is always a good business move.

“It is like being broken up with on a Post-It note”

Alternatively, it is like the spoiled brat kid who, seeing his failure to get his way, abruptly takes his toys and leaves the sandbox.

Yes, this is today’s FAA.

A few years ago, FAA implemented NextGen changes that are destroying neighborhoods under heavily travelled repetitive flight segments. When people in Maryland had enough, they organized. Part of their organization was to accept FAA’s preferred process, creating a community roundtable, filled with concerned volunteers.

Now, the game plan for roundtables (and other aviation citizen-committees) includes lots of rigging. Be sure their work product conforms with what FAA/industry want to see. Assert some control. For example, FAA and the airport authority make sure plenty of pro-aviation participants ‘volunteer’ to be a part of the group. Also, the agendas for at least a year are stacked with sleep-inducing program scraps, long and boring sessions sharing koolaid glasses filled with technobabble and irrelevant metrics like ‘dNL’. Despite these shenanigans, most groups do seat at least one or two real activists. The kind who will not and do not give up. And, as happened in Maryland, sometimes real support is gained from local and state elected officials.

So, what’s going on here? Just another FAA temper tantrum. This time because the good Governor and his Attorney General took FAA to court, to protect Maryland’s people.

What’s the shortest way to spell ‘spoiled brat kid’? I’d try “F-A-A”.

Click here for the original Baltimore Sun article.

Click on the image below for a scrollable view; the PDF file may be downloaded.

Now, how about a few questions:

  1. At what level of FAA was this decision made? This is a heavily top-down bureaucracy, to the point where a Deputy Regional Administrator doing as Ms. Stanco did was only following orders. So, how about if FAA produces all the records that flesh out why this decision was made, and who really made it?
  2. What level of outrage will we see from our federal elected officials? Will any of them demand FAA end their tantrum? Will any of them demand full transparency and accountability, including production of all records (see #1 above)?
  3. When will our Congress step up and do their job, serving the people? When will local communities become re-empowered, to the point where they can manage capacity at their local airport, guarding against excessive airline hubbing and scheduling?

Santa Monica Airport: Last Chance to Comment on Minimum Standards

Airport officials at Santa Monica are in the process of creating ‘Minimum Standards for Commercial Aeronautical Service Providers. These standards can ensure that all potential operators are fairly treated when and if the airport authority denies certain operations. Last week, Airport Director Stelios Makrides issued a statement that the deadline for comments has been extended to June 21st. (click here for an archived copy)

Santa Monica is a very unique airport. It should have been allowed to close down years ago, but FAA has obstructed the will of the local community, solely to protect aviation interests who insist on using this deficient airport facility. How is it deficient? Just take a look at the satellite images and airport map, and note how closely the nearby homes and yards stand, relative to the runway. At Santa Monica, people have had their lawn furniture blown over by the blast from departing jets; REALLY!!

The runway was shortened last year, but now the City is failing to impose needed standards that block unsafe operations by jets and commercial operators. Aviation money appears to be impeding their judgment.

Santa Monica is also notable as an airport where FAA lawyers managed to convince the local elected officials to ‘settle’ legal differences with an inexplicable agreement to extend the life of the airport. Money talks, and rumor has it the elected officials were tired of spending so much money on legal services, trying to exercise their rights against FAA’s industry-serving will. You got it: our money, collected by FAA from we the taxpayers, and spent as FAA sees fit, is arbitrarily used to impede meaningful LOCAL CONTROL by compelling our own elected officials to use our money (local taxes, this time) to fight FAA in the courts.

Below is a copy of a recent letter by Gavin Scott, posted at NoJetsSMO. He summarizes what he observed at the June 5th Airport Commissioner’s Meeting. He also advocates – strongly – for people to submit their own comments right away, before the chance is gone.

Click on the image below for a scrollable view; the PDF file may be downloaded.

We Can Have No Accountability Without Transparency

Here is a quick example of how FAA protects aviation industry players from accountability, and how the mainstream media gives FAA a pass on accountability.

WKYT is a CBS-affiliated TV station in the Lexington, Kentucky area. Residents recently became concerned about a low-flying aircraft. The TV station investigated and was able to extract from FAA that an aerial survey was being conducted. But, FAA would offer no further details. This news story then gets packaged as ‘FAA Explains why low-flying plane was spotted in multiple counties” Oh, really? That’s an ‘explanation’?

What gives here? This airspace is owned by the public. We are impacted by those who use it, and we all pay for the services of FAA, who is supposed to manage and regulate that use. More often than not, an aerial survey is nothing more than a specially rigged airplane with a vertically oriented camera capturing images while flying a tight grid pattern. The peace of those on the ground was impacted substantially, and people have a right to knowledge that far exceeds a corporate right to privacy. So, why does FAA not tell us who the aircraft operator was?

On roads everywhere, we have to have a legible license plate connected to a registered owner. In communities everywhere, commercial operators of motor vehicles are required to identify their vehicles – and they benefit by doing so, as their services are advertised ‘on the road’. This all needs to change. FAA needs to start serving THE PEOPLE – all of us, not just those ‘people’ who are LLCs and Corporations. And it all starts with transparency.

Airport Reference Materials: Annual Enplanements, ATADS Operations, Tonnage, AIP Grants, and NPIAS Lists

There is now a newly-completed and extensive collection of searchable/downloadable PDFs with valuable information on U.S. airports. All data was collected from online sources, either FAA or vendors who do outsource work for FAA.

Many of the tables are grouped by state and ranked by a factor such as enplanements. Alaska is top of the list, and a huge aviation state, so be sure to scroll down a few pages to see Alabama and the other states where NextGen abuses are causing so many problems (Massachusetts, Maryland, New York and Washington are good studies).

Here is a short index, with links:

Much more will follow, as these resources make it easier to expose how deeply FAA is captured, in service of industry players. Readers are encouraged to spend some time studying parts of this data collection; if you see something that really jumps out (for waste, abuse of authority or outright fraud by FAA) please share it on.


UPDATE, 4/13/2018: — correction to original posting… ATC staffing data was inadvertently not included. The Consolidated Airport Data for 844 Airports table has been updated, and one more table has been added (the more extensive data table showing annual ATC staffing for 263 FAA-staffed towers).

Federal Way’s Mayor at PSRC, Expressing Numerous Concerns about KSEA Over-Expansion

Here’s a summary of some concerns opposing KSEA over-expansion, expressed by Federal Way Mayor Jim Ferrell, at a meeting of the Puget Sound Regional Council (PSRC) executive board. Highlights and aiReform footnotes have been added. To view the three attachments in the summary, click on these links:

Click on the image below for a scrollable view; the PDF file may be downloaded.

What’s Going On Here?

The pattern observed across the nation is that decision-making behind airport expansions is intentionally dispersed and distorted, so as to create plausible unaccountability for all involved officials. In this example, the industry (especially Delta and Alaska airlines, the two major hub players at KSEA) are getting FAA assistance to push through even more hub development, with two regional authorities offering cover: Port of Seattle, and Puget Sound Regional Council. It needs to be understood that both of these regional authorities are heavily biased toward commerce; they have no meaningful concern for impacts in residential communities, as evidenced by non-mention of these growing problems in Lance Lyttle’s POS slideshow.

What is the Biggest Distortion?

Lance Lyttle’s slideshow, especially the part pretending that the expansion is serving local demand. Quite the opposite, the two major hub airlines are simply adding supply and scheduling huge numbers of passengers THROUGH KSEA, to boost their profits. People in and around Puget Sound have not and will not massively increase their alleged ‘demand’ for air travel, as Mr. Lyttle is implying (i.e., the 41% growth in enplanements in just 5-years is almost entirely to serve people outside Puget Sound). Again, the expansion is solely for airline benefit, and entirely at a cost to local community health and quality of life.

Why is aiReform.com Archiving These Documents?

These documents are being archived to encourage people to study them, and to ensure the records remain available to future airport impact victims who may seek to study the past. It is hoped that this archiving will help people to become more effective in advocating for balance, to protect their homes and communities. Readers are invited to send their comments and reviews to aiReform, which may be included in Updates to this Post.


See also:

Here’s an online search worth trying: ‘Lane McFadden FAA’

Do any quick online search using these three words ‘Lane McFadden FAA’ and you will find quite a few links. Most are to articles and court activities related to petitions for review, filed by communities upset with FAA’s impacts and arrogance.

Mr. McFadden must be accomplished and well trained: he is a lawyer for the Department of Justice. But, the poor lad must have made a bad impression at DoJ, as he has been stuck for years, wheeling and dealing to get cases thrown out, and sometimes arguing before 3-judge panels, before the U.S. Court of Appeals for the District of Columbia (USCADC). Or, then again, maybe in the legal world he is a rock star for always having so much work to get paid for. At any rate, he was last seen – just last week – again trying to bail out FAA. He lost the Phoenix ‘petition for review’ last summer, and had to repeat his canister of ‘NextGen is good’ arguments all over again, this time for a similar case filed by residents being impacted by NextGen routes in and out of Washington National Airport.

Why Lane McFadden? Primarily because his name comes up in the article discussed below. But, even more, because I am sure glad I am not a DOJ environmental attorney stuck defending FAA. Too dark for my taste.

Here are archived copies for three cases: Click here for a USCADC decision that Mr. McFadden won for FAA in February 2009; click here for another he won, in June 2009; click here for the Phoenix PFR he lost in August 2017. Study them and you may just learn a LOT about how biased USCADC is, how they nearly always side with agencies and large corporations (first, they do all they can to just dump the PFR, then, if they do hear it, they strain their attention to side in favor of FAA; a real dog-and-pony show).

Now, about that article… here is a worthwhile analysis by Tony Verreos:

“This article says it took 2 years or more to get to the same Federal Appeals Court that ruled on the Phoenix case last year. No surprise the plaintiffs claim the FAA failed to give proper notice, and the FAA counters they went above and beyond the requirements.
Meanwhile – the one statistic that stands out very plainly is the growing number of complaints. It seems like wherever the FAA installs its new changes, complaints go up in multiples of double, triple, quadruple and even higher.
For all of the money wasted, and time people will never get back attending meetings they wish they never went to about jet noise and chemical pollution, the FAA still flat out refuses to change its Mission Statement to “Protecting Public Health and Safety” from Safety and Efficiency which it interprets very strictly as fuel savings while knowing full well how anti public health that is. And their claims of safety look great when you see no crashes. The safety chart does look great, but then they don’t display all the go arounds (wasting fuel and polluting our air), and the near misses which seem to be a growing number!”

Click here to view an archived copy of this Washington Post article.

BTW, Tony’s comment was posted at a new Facebook public group he recently created, STOP Jet Noise NOW! SFOAK North S.F. Bay Area.


See also:
  • 8/29/2017FAA Ordered to Vacate Their 2014 NextGen Routes in Phoenix (aiReform Post)

UPDATE, 1/24/2018: — An opinion piece was published at WaPost, and a copy is archived here. The author is Paul Verchinski, who is a member of the community roundtable for yet another airport where FAA’s NextGen mess is impacting residents: Baltimore-Washington [KBWI].

Reflections on FAA as a Faux-Regulator Serving Industry, Not the Public

At year end, we often take time to reflect. This year, let’s reflect on precisely what it means, when a U.S. federal agency is ‘captured’ by industry, so as to serve the industry instead of the larger Public. This Post will look more closely at FAA later, but for now, to help see how serious the regulatory capture problem is, let’s look at another failing U.S. federal agency: the Food and Drug Administration (FDA).

FDA, just like FAA, has many responsibilities. For example, they are charged by Congress to regulate pharmaceutical companies. Additionally, Congress has funded FDA with the intent that they will be effective, working to protect public health from dangerous new drugs. One of those drugs, released two decades ago, is the addictive opioid, OxyContin. An online search reveals a jaw-dropping epidemic of addictions – and fatalities; indeed, odds are very high that everyone reading this Post knows at least one person who has been impacted by opioid addiction. Also, and not insignificantly, a deeper online research shows the fact that representatives of both major political parties have aided and abetted this epidemic, while also obstructing reforms and failing to pass overdue corrective legislation.

So, how well has FDA done their job? If agency leaders actually view their job as ‘serving customers’ such as the pharmaceutical industry, well, they’ve done a fantastic job. But, if any of us objectively assesses FDA performance from the perspective of serving the larger Public and actually protecting health, well, FDA is a total failure.

Patrick Radden Keefe recently wrote an article in The New Yorker, The Family That Built an Empire of Pain (click here to view the source article online; click here to view an archived and annotated version of the same article). Below is an excerpt that summarizes how Oxycontin legal actions are evolving; this particular excerpt primarily quotes Mike Moore, a former Mississippi State Attorney General:

… Ten states have filed suits, and private attorneys are working in partnership with dozens of cities and counties to bring others. Many public officials are furious at the makers of powerful painkillers. Prescriptions are expensive, and taxpayers often foot the bill, through programs like Medicaid. Then, as the ruinous consequences of opioid addiction take hold, the public must pay again—this time for emergency services, addiction treatment, and the like. Moore feels that the Sackler family, as the initial author and a prime beneficiary of the epidemic, should be publicly shamed. “I don’t call it Purdue. I call it the Sackler Company,” he said. “They are the main culprit. They duped the F.D.A., saying it lasted twelve hours. They lied about the addictive properties. And they did all this to grow the opioid market, to make it O.K. to jump in the water. Then some of these other companies, they saw that the water was warm, and they said, ‘O.K., we can jump in, too.’ ” There may be significant legal distinctions between a tobacco company and an opioid producer, but to Moore the ethical parallel is unmistakable: “They’re both profiting by killing people.” …

FAA as Faux-Regulator

So, how does studying this opioid epidemic, and Mr. Keefe’s article, help us to better understand FAA’s failure? Simply by showing a near-perfect analogy for the many signs of regulatory capture. Here is a short list of discernible failure patterns, the ‘symptoms’ of regulatory capture:

  • Industry becomes the primary customer. For FAA, nothing shows this failure as starkly as the whistleblower hearings held on 4/3/2008.
  • Money trumps health and environment; the faux-regulator enables industry to advance corporate profits, by assisting in expansions and system redesigns that invariably bear an enormous cost on environment, health, and local (usually residential) quality of life.
  • Consequences of failures are eventually lethal. FDA failures fuel a rise in addictions and overdoses; FAA failures sustain sleep-deprivation that cause most of today’s multi-fatal commercial accidents, such as Colgan-Buffalo, Comair-Lexington, and UPS-Birmingham.
  • Consequences of FAA failures also extend to the corruption of a culture that we are repeatedly and fraudulently told is ‘all about safety’, when the full record shows it is anything but. For example, the agency’s use of ATSAP to hide ATC safety data from the general public; the agency’s inability to see the enormous impacts imposed by NextGen changes and hub expansions; the agency’s wanton denial of obvious performance failures (such as the controller error at Santa Monica, or the rash of near-collisions at San Francisco); and of course the war against whistleblowers (those rare few inside FAA, who choose to speak up to correct the cultural failures, only to suffer retaliation).
  • Key personnel within the faux-regulator end up serving only industry, often via a revolving door. In the Oxycontin story, the key FDA regulator was earning his federal pay and building his eventual federal pension when he signed off on the fraudulent Oxycontin marketing plan; just two years later, he worked for Purdue! The same pattern happens repeatedly at FAA, all the way to the FAA Administrator position (e.g., when Marion Blakey retired, she immediately became head of a major aviation lobby firm).
  • The legal system becomes a third-party tool, used to maximize corporate advantage, an additional ‘enabler’. Both industry players and faux-regulator officials posture around threats of legal actions by industry, using this pattern as a hammer to force changes that accommodate industry, at the expense of the larger Public.
  • To protect industry greed, and to ensure the legal system will enable these failures to persist, a heavy budget is allocated to lawyers who self-enrich with what is effectively a ‘license to lie and deceive’. Not just industry-paid lawyers, but also agency lawyers, paid for by the people.
  • If and when manipulation of the legal system appears likely to fail, especially if the case is headed for trial, a ‘settlement’ suddenly appears. ALWAYS, this last-ditch legal maneuver protects both industry and faux-regulator from any accountability, by sealing records that were about to become a part of the public record, records that would among other things reveal how badly agency officials have failed. And, routinely, the so-called ‘settlement’ will include language that shuts out third parties (such as actual communities, or victim families) from future legal action.

Can This be Fixed?

Yes, it’s all fixable. And really not that difficult to do, so long as people demand performance from both agency and elected officials. The first step, though, is obvious: we have to accept that FAA, FDA and other agencies are broken, serving as faux-regulators, enabling industry players to evolve in ways that are truly destroying homes and people. Perhaps with a new year, we can get to work?