FAA Ordered to Vacate Their 2014 NextGen Routes in Phoenix

After three years of misery and sleep loss, residents in the Phoenix area may finally see some relief. This Judgment was just announced:Using the only legal recourse available to those impacted by FAA’s NextGen implementations, both the City of Phoenix and historic neighborhoods filed a Petition for Review at the U.S. Court of Appeals for the D.C. Circuit. FAA lawyers, aided by attorneys from the U.S. Department of Justice, delayed and wrangled for dismissals. It took nearly two years to get the case argued; that happened on March 17, before Judges Griffith, Rogers, and Sentelle. (Click here to go to the USCADC website, where you can read the bios for each judge.)

Nearly six months later, finally, the Judges issued their decision: for the people, and against the FAA. Here’s a copy:

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

The Opinion found that FAA was arbitrary and capricious, and in violation of the National Historic Preservation Act, the National Environmental Policy Act (NEPA), the Department of Transportation Act, and the FAA’s Order 1050.1E.

This Decision deserves careful study by all of us who are increasingly impacted, across the nation, by FAA’s brutally impactful NextGen implementations. City officials and airport authorities need to take notice: quit telling everyone that nothing can be done; instead, start advocating for health, quality of life, and real local control at these airports.


See also:

UPDATE, 8/30/2017: — Peter Dunn’s Analysis – a condensed review, posted at the Fair Skies Nation Facebook page (Boston area); click here for the source, or here for the archived copy.

UPDATE, 9/1/2017: — see the analysis written by Steve Edmiston (click here for the source, or here for the archived PDF); Steve is a Seattle-area attorney, and a lead activist seeking to correct the over-expansion of the Sea-Tac Airport [KSEA].

UPDATE, 9/5/2017: — yet another excellent analysis, this one blogged by Kevin Terrell (click here for the blog source, or here for the archived PDF). Kevin resides in an area impacted by the Delta hub at Minneapolis- St. Paul [KMSP]. Kevin’s activism has included creation of an outstanding series of educational videos that explain aviation noise while also illuminating FAA’s total failure to manage the noise impacts.

NextGen: “A Virtual Highway, and the Traffic Never Stops”

A good opinion piece related to NextGen impacts (and ongoing FAA failures) near the Baltimore-Washington Airport [KBWI]. This airport serves as the hub for Southwest, in the DC area (NOTE: the two other major airports serving the DC area are Dulles [KIAD] and Reagan National [KDCA]; United hubs at KIAD, and American dominates at KDCA]. There is some misinformation in the Op/Ed, as happens in a world run by money and set on crafting and pitching propaganda, but they also make some great points.

Here is an archived copy, with aiREFORM footnotes added:

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

URGENT – The SeaTac Hardstand Needs to Be Appealed by July 28th

If there is one matter that people around SeaTac Airport [KSEA] need to focus on right now, it is the urgent deadline, just over a week away, for filing an appeal at King County Superior Court. That appeal, if granted, would force review of POS’s recent SEPA ‘Determination of Non-Significance’, or ‘DNS’, for the so-called ‘Hardstand’ expansion project. What exactly is a DNS? In this case, the DNS is POS’s way of administratively declaring, “oh, we want to enable the airlines to park 6 more airplanes for handling their through-passengers, but this will not increase flights and will have no significant impacts.” Really!?! Hmmm … this determination seems to lack plausibility.

A Closer Look at the Environmental Review Process

The Port of Seattle (POS) has an environmental staff, and one of their duties is to maintain a webpage listing various projects for both NEPA (federal) and SEPA (state) environmental review. People need to understand how these processes flow, and how they are so strongly biased to enable airport over-expansion while creating an illusion that the general public was involved in the process. This Post takes a closer look at the state portion, SEPA.

So, how does the SEPA work in the State of Washington? Probably very much like what has evolved (or devolved??) for environmental review in most states. As has become a common strategy at major airports across the nation, a bunch of paperwork is created, and procedures are ‘checked off’. At the right point in time (usually, immediately after seeing that it looks like all boxes were checked), the airport authority can then simply do what they intended from the start: declare their ‘Determination of Non-Significance’, or ‘DNS’. So long as nobody finds time or money to file an appeal at the courts, it is ‘Game Over’. The airlines (served by the airport authorities) get more expansion, and more profit potential; the airport authority gets a fatter budget and more passenger fee revenues; the controllers see an increase in traffic and may finally nudge past a threshold to get a nice pay raise.

And what about the thousands more residents now awoken by night flights? Not a problem; they were determined by POS to be ‘Not Significant’. And if that seems inaccurate, well, just try to fix it!

In short, it’s a rigged system. No surprises there. So, what do we do about it? Demand the system be improved, and take action to fix what has been done wrong. We all need to get our community leaders to file appeals, before that looming deadline (July 28th).

Here’s a plausible sample letter or email, that defines the concerns we need to communicate to the City Manager and Council Members at Des Moines:

Example of letter for individual use: Request for appeal of POS’s ‘SeaTac Hardstand DNS’
The new ‘Hardstand’ capacity expansion proposal at SeaTac Airport, with all of its implications for increased aircraft support activity and toxic emissions, should be given the consideration of a full Environmental Impact Study (EIS). With all due respect, a determination of non-significance issued by the Port of Seattle does not inspire one with confidence, nor does it guarantee that this project will not further negatively impact the citizens living under and around the concentrated NextGen flight corridors.
Up to this point in time, the Port of Seattle and the FAA have been woefully lacking in following adequate procedures for public notification and transparency regarding airport expansion plans. Their preferred method of operation seems to be fast-tracking, in order to quickly implement changes while minimizing citizen opportunities for comment or input.  A full EIS performed by an impartial entity should be mandated before the Port of Seattle is allowed to proceed with any further expansion.
This airport is already overcrowded, and the schedule has been expanded too far. Please file the necessary appeal.

For reference, the table below lists archived copies of the key documents POS created; they hope to begin construction of the hardstand capacity expansion, later this year.

6/6/2017 SEPA DNS (3pg) [link] .. one odd puzzle about this DNS: it appears to cover only the so-called ‘hardstand holdroom’ building, but not the actual hardstand
6/6/2017 Checklist for SEPA DNS (22pg) [link]
6/21/2017 Comment Period Extension (1pg) [link]
7/7/2017 Final SEPA DNS (6pg) [link] .. declares 7/28 deadline to appeal for review, at King County Superior Court
7/18/2017 ADDENDUM to Final SEPA DNS (2pg) [link]

Trump in 1988: “You’re going to be flying with something that is quality and good.”

It should come as no surprise that President Trump supports the disastrous ATC privatization proposal being pushed by Bill Shuster, A4A, and a few airlines. It’s a bad idea, all the way around. We have a hard enough time getting FAA to even listen to citizens; so, take away Congressional oversight of FAA and we’ll end up with the airlines running roughshod over any neighborhood that saves 5-seconds of flying time… even our oldest and most tranquil neighborhoods.

On the other hand, it may come as a surprise to many of us who were not paying attention 28-years ago, when Trump was in the airline business (see PDF copy of article, below). Way back in 1988 .. before Bush I was elected, before Clintons began to out-Reagan Reagan with neoliberalism, even 7-years before Bill Shuster’s dad Bud became chair of the same House Transportation Committee that Bill now chairs, …yes, the committee that wants us to privatize today.

In June 1989, Trump acquired the lucrative Eastern Shuttle, which had been the crown jewel for Eastern Air Lines. The shuttle offered hourly flights, focused on connecting Boston Logan [KBOS], LaGuardia, [KLGA], and Reagan National [KDCA] with a fleet of noise Boeing 727s. The renamed ‘Trump Shuttle’ did not last long and, today, these ‘shuttle’ legs remain a bread-and-butter profit-maker for American, Delta, and JetBlue, even while they increase the number of through-passengers (and thus flights AND neighborhood impacts), especially at LaGuardia.

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

According to Wikipedia, a syndicate of 22 banks provided a $380 Million loan. The banks took possession just 15-months later, in September 1990, when Trump defaulted on the loan.

It is almost as if Trump and FAA were born in the same litter. And here we are, 28-years later, and President Trump wants us to believe, ATC privatization will also be, “…something that is quality and good.”

Yeah…

…Right.

City of Santa Monica is Failing to Live Up to Consent Decree Claims and Promises

Alan Levenson has created an analysis, showing how the City of Santa Monica is failing what they promised, nearly 5-months ago. Here is a copy:

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

The largest failure identified by Alan is that nothing substantial has happened, despite the fact that ‘immediate’ action was repeatedly promised. But, there is another large failure, and even more at the heart of safety and health impacts: the Consent Decree package reveals City is not only aware that the runway violates FAA safety design standards, but the City and FAA are both perpetuating these violations until at least 2029!

To illustrate the first failure, see this copy of the City’s glowing press release, when they announced the Consent Decree on January 28th (note, too, no citizens had yet been shown any of the Consent Decree documents … that was days later). Immediate? Hardly. Trust is not earned by spending five months and getting nothing done.

On the second point, City officials want everyone to believe that this Consent Decree assures FAA runway safety standards will now be met, but this assertion appears to be a bald-faced lie. For example, see the graphic at page 20 of the 63-page Consent Decree package. This was an Airport Layout Plan (ALP), created in 1991. At the time, it was believed that more jets would use KSMO, so the ALP depicted two Runway Protection Zones (RPZs): the existing RPZ, and an expanded future RPZ. The dimensions of the RPZ trapezoid are based on aircraft performance, specifically speed and wingspan. The higher performing jets would require a longer and wider trapezoid. Unfortunately, City submitted a fuzzy and mostly illegible ALP to the Consent Decree package (so, only people with experience studying ALPs can recognize what is depicted).

To correct for City’s fuzzy ALP, here’s a sample RPZ from another airport, with a lot less jet traffic:

kuao-201205-rpz-rwy-17-on-satview-w-dimensions-showing-trees-later-removed

The green trapezoid delineates an RPZ at the north end of the Aurora Airport, near Portland, OR. This is a minimally-sized RPZ for an airport with just a few jets; the ends measure 500ft and 1010ft, and the trapezoid is 1700ft long. Note that there are no obstructions in the trapezoid, to comply with an FAA safety standard.

One of the key facts that emerged with the Consent Decree was this: both FAA and City of Santa Monica have knowingly allowed not just ‘a few’ houses and yards inside the RPZ, they have allowed fully developed residential neighborhoods! And it appears that this is not happening ANYWHERE ELSE in the United States! Furthermore, both FAA and City of Santa Monica are OK with perpetuating this safety risk (and the substantial health impacts) for 12 more years. Nothing has been done to mitigate risks and impacts upon residents actually living (and breathing, and sleeping) within either the smaller RPZ or the expanded RPZ. And, in the meantime, not only are jets increasing at KSMO, but FAA has even pretended to not notice, while scheduled commercial operations were being marketed online.

So, City of Santa Monica finally came up with a plan to shorten the runway. Are the RPZs now clear of homes, yards and other obstructions? No, there are still numerous homes in the shortened runway RPZ, too. Here is a current satellite image showing the problem on the northeast end of the airport:

A 1,700ft circle (the RPZ length used for lesser airports) has been added. The image indicates that dozens of homes (west of Westgate Ave and north of National Boulevard) remain within the new proposed RPZ.

And this does not even reflect the pollution impacts and safety risks that remain to the east of Westgate Ave, especially for the higher performance air charter flights laden with more fuel.

Clearly, Rick Cole and Ted Winterer at the City of Santa Monica need to show us graphically, and in the clearest terms:

  • precisely where are the RPZ boundaries?
  • are the dimensions appropriate to the size and scale of commercially operating aircraft at KSMO?
  • and, can you confirm that no houses are within the KSMO RPZs?

See also:

Video of the February 4, 2017 Protest at Santa Monica Airport

The video produced for the latest Santa Monica protest rally is an outstanding example for how to conduct a peaceful and informative protest. Other aviation impact activists can learn from viewing this.

One point that comes through repeatedly within the rally is the deep concern the people have about health and aviation pollution. Incredibly, in the Consent Decree signed earlier that week, both FAA and the City were totally indifferent to these concerns; indeed, the only mention within the 63-page formal document is this paragraph, where FAA is pressing the City to formally abandon all environmental concerns.

Just a guess, but I suspect the four who voted to accept this Consent Decree (Pam O’Connor, Terry O’Day, Gleam Davis, and Ted Winterer) had not read this particular portion of the draft … and if they DID read it, they need to explain their ‘yes’ vote to the voters!

Here’s an embed of the video, followed by an expanded timeline, with a few quotes:

  • at the start of the video, Martin Rubin & Joan Winters (Concerned Residents Against Airport Pollution) opened the rally.
  • 14:47Mike Bonin, Los Angeles City Council Member from District 11. A few quotes: “This has been a battle that has been going on for a very long time, and I will say that, for the past four years, I actually thought we were moving in a very good direction. I was thrilled and was glad to support the grassroots efforts of Santa Monica to push for the victory of LC and the defeat of D. And I was pleased to see the increasingly aggressive actions that the Santa Monica City Council was taking, as they went forward in trying to shut the airport down, in their battle against the FAA – a big, scary, monolithic organization, in that battle to try to get this airport shut down.”“My first reaction was, ‘wow, they’re going to shut this down, that’s good news’, and I was happy. And then I began to look into the details of the agreement. And my staff began to look into the details of the agreement. And, I began to hear from Marty, and others, who are experts and fluent in this. And while I was doing that I got a text from someone, a former elected official in Los Angeles, who said, ‘I just heard the news, Santa Monica Airport is shutting down; Bill Rosendahl is looking down smiling’. And, I texted back: ‘You know what? He sure as hell isn’t. He sure as hell isn’t’.”“Keeping this airport open for twelve more years is wrong,” followed by a series of injustices the airport is forcing onto local neighborhoods. Also, “If this runway is going to be shortened, it damned well better have a 1,000-ft buffer zone. It is unconscionable that the FAA, which is charged with protecting safety, has allowed a shorter than usual runway buffer zone in this area. It is absolutely unconscionable, and it puts people’s lives at risk. And I’m encouraging and calling on Santa Monica to do everything they can, to get rid of the damned leaded fuel sales at that airport. When I saw the LA Times story last week, I had hoped this was the end; it’s just another chapter.”
  • 20:40Santa Monica Mayor Ted Winterer was one of four who voted to accept the consent decree, and had been pre-scheduled to speak at the rally. He could have backed out, but bravely attended to explain his vote. Martin Rubin diplomatically introduced him, humorously asking the audience to hear him out and scream at him later.
  • 29:33 – Martin Rubin offered a civil rebuttal to Mayor Winterer’s comments, focusing on the need for engaged citizens and public process in an effective Democracy. “If the City thinks they’re fooling the people, well the FAA thinks they’re fooling the City. The FAA’s interest is in aviation – promoting aviation, economically mostly. They do not incorporate the views of the impacted communities. All around the country there are people that are very upset with things that have been going on with the FAA. This one friend of mine put it, ‘how can you tell when the FAA’s lying? Their lips are moving’.”
  • 40:10 – former Mayor Tony Vazquez was one of three Santa Monica City Council Members who voted against accepting FAA’s Consent Decree. Tony was not a scheduled speaker, but offered strong support for the work being done by Congressman Ted Lieu.
  • 43:54Sue Himmelrich, another of the three Santa Monica City Council Members (the third was former former Mayor Kevin McKeown) who voted against accepting FAA’s Consent Decree. Sue also was not a scheduled speaker, and offered strong support for Congressman Ted Lieu. She noted that both she and Ted Lieu are lawyers; that, she read the entire agreement prior to voting ‘no’, and she is sure Ted will read the full agreement, too, and will then make a just decision.
  • 47:02Laura Silagi, Venice Residents Against SMO, questioned the City’s ‘Fly Neighborly Program’. She explained how FAA dodges accountability and blames the program on the City. And, she explained the program’s impacts are a problem that needs to be solved now.
  • 52:10Alan Levenson, founder of ‘No Jets SMO’, read a review of the history of this airport, going all the way back to the Douglas airplane factory. For each change and each obstruction to progress, he noted: “The simple answer is money.”
  • 1:02:28 – Martin Rubin discussed facts and propaganda: “What the City put out is all propaganda.”
  • 1:02:56Susan Hartley, former Santa Monica Airport Commissioner: “Well, in 2007 I got you all to say ‘enough’, we thought it was enough, we had it then and now look at this now. All the time I was on the airport commission they kept saying, ‘2015: it’s going to be done’. Then, we saw 2015 come, and now they want us to believe it’s going to be done twelve years later? Forget it. Forget it, forget it. Under this so-called agreement, no … nothing about noise violations, nothing about pollution, nothing about … it’s going to get worse.” “I just don’t buy this twelve year thing. I don’t buy it. I would like to buy it. I think you need to think about recalling the people.”
  • 1:05:43 – Martin Rubin discussed Susan’s role in the history of activism against SMO impacts; he also discussed the evolution of the Airport Commission away from rubber-stamping airport staff projects, to instead become a representative for the People.
  • 1:07:44David Goddard, former Chair of Santa Monica Airport Commission, discussed his opinion on the apparent sweetheart deals, wherein City has illegally and fraudulently leased public property to Atlantic and other major airport tenants, far below market values. As Alan Levenson said in his earlier speech, “The simple answer is money.”
  • 1:12:41Bob Rigdon, an independent citizen, and 35-year airport neighbor, very effectively pointed out that, with the sudden vote to accept FAA’s Consent Decree, City Council has effectively thrown out decades worth of work.
  • 1:15:18 – after Martin Rubin suggested the airport could be renamed ‘Satan Monica Airport’, he introduced Mike Salazar, Ocean Park Association. Mike added his disappointment with the Consent Decree, and reviewed some airport history, including the 1981 vote to close the airport … which was forestalled by FAA when they imposed a 1984 Settlement Agreement. He discussed the need for the airport to close, including these quotes: “What we have to remember is, Santa Monica Airport is an outdated airport. It’s not the quaint, historic airport that anti-neighborhood folks cite, as this ‘wonderful, historic venue’.”“Not even shortening the runway will make this polluting dinosaur beneficial. When we close this airport, aviation will survive, and they’ll relocate, hopefully sooner than later.”“This outdated airport has no economic benefits when the costs are weighed.” He noted how non-aviation jobs vastly outnumber aviation jobs at the airport (which he finds economically comparable to a small strip mall), and in closing he mentioned toxic lead, ultrafine particles, and other airport health impacts. “Where is the FAA on health and safety, which is their mandate?”
  • 1:27:16 – Martin Rubin gave closing remarks, including: “So, it does take a large number of people, a lot of groups, a lot of different directions, to crack this very difficult nut – of aviation being able to do whatever it wants to do. There are problems all around the country. We are just the poster child for general aviation, and we have an important message to send out.”

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Protest Today: Local Residents need Local Control at Santa Monica Airport

Image


The recently announced ‘consent decree’ between FAA and City officials, is a total capitulation to FAA, and thus to the aviation money interests that own FAA. This latest action shows FAA, Administrator Huerta, and four City elected officials have zero regard for the very real health impacts upon residents near this airport.

BTW, this group (Concerned Residents Against Airport Pollution, CRAAP) does a phenomenal job on their protests. Check out the video archived for their protest ten years ago: [KSMO]: A Video Collection of Speeches at a Protest in April 2007

The ‘Consent Decree’: Shame on Four Santa Monica Officials for their Total Capitulation

Yesterday, the Consent Decree announced on Saturday morning was signed, and a copy was shared online. The surprise of the Saturday announcement was one thing, and the extent of excessive capitulation by the City was a second shock, but the actual language in the Consent Decree (copy here) is, well, Trumpian.

Granted, there is no way the new White House cabinet gives a rat’s ass about the health impacts around Santa Monica Airport; they are too busy playing ‘King of the Mountain’, testing their power limits, dismantling our environment and our civility, all in the name of greed and profits. Of course, so is the case at Santa Monica: the bulk of these impacts are by charter jets, thus serving the tiniest demographic, the ascendant oligarchy.

Here’s the assessment of the Consent Decree by NoJets.org:

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

And, here’s the assessment of the Consent Decree by attorney Jonathan Stein:

City of Santa Monica FAA Reaches Settlement Agreement with FAA, Allows Shorter Runway and Eventual Closure – in 12 Years

The Santa Monica City Council announced in a Saturday press conference that they have agreed to a Consent Decree in which FAA will allow total closure of the airport [KSMO], but not until at least January 1, 2029.

Twelve years is a long time, and will mean a lot more health impacts due to jet air pollution. Some will see this as nothing but another unacceptable extension of FAA’s agreement with the City signed way back in January 1984, (1984 to 2029: FAA has dragged this out for 45-years!). That agreement was to allow City to assert full local control of their airport land, on July 1, 2015. FAA reneged on that promise, blocking City’s efforts and intent to close nearly two years ago. And, FAA abused their administrative authority to embrace – and even encourage – the use of Part 16 administrative complaints. FAA’s slow administrative processing of these complaints is used to perpetuate use of the airport while also impeding and delaying progress by the City.

The one element of the Consent Decree that offers residents some jet air pollution relief much sooner is this detail: the City will be allowed to reduce the length of the runway, to 3,500ft. While most of the present 4,973ft runway will likely be retained as pavement for safety overruns, the actual runway available for use will be reduced substantially, and the 30-passenger charter jet proposed by JetSuiteX (under a contract with an outfit called ‘Delux Public Charter’) will not be able to safely or legally operate.

Should the City have gotten better? Absolutely. Settlements are supposed to reflect a meeting in the middle, with proper consideration for both parties in a dispute. FAA continues to abuse their authority and play the bully in the playground, forcing communities like Santa Monica to expend thousands of hours of effort and even millions of taxpayer dollars fighting skirmishes enabled by FAA’s arrogant attitude. At the least, FAA should have granted City authority to exclude jets almost immediately, and absolutely once the runway is shortened. Why? Because the residential neighborhoods around Santa Monica are uniquely too close, and too impacted by jet pollution.

An actual signed copy has not yet been shared, but if the agreement has been signed, FAA has the power to repair this failure. Simply, FAA can declare that, due to health and safety concerns and unique local impacts, the Santa Monica runway is officially closed to jet arrival operations.

Here is FAA’s Press Release:

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


See also:

UPDATE, 1/29/2017: — Reactions from activist groups question the City’s sincerity, and note the lack of transparency and trust. The Airport Protest Rally is still on for Saturday, February 4th, at 11AM. Here are more archived records: