DECEMBER 2021 UPDATE
IN THIS UPDATE:
SCOTTSDALE AND FAA SPARRING OVER LEGAL BRIEF PROCESS
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SCOTTSDALE FILES MOTION TO STRIKE FAA'S RESPONSE BRIEF, FAA OPPOSES
As reported in the last SCANA update, the FAA filed it's Response Brief to the City of Scottsdale's petition, on October 22 of this year after seven granted extensions. The FAA's Response Brief was 106 pages long which included a 10 page "declaration" from one of it's employees, Christopher M. Kesler, which consisted of cataclysmic predictions to the national airspace system if the Scottsdale request was granted by the Court.
CLICK HERE to read the FAA's Response Brief of October 22, 2021
Scottsdale then filed a motion on November 8, 2021, asking the Court to strike the FAA Response Brief and order it to submit a new, corrected one. The motion is based on the limitation of how long briefs may be in the number of words included. The limitation is 13,000 words and the FAA brief and Kesler declaration exceed that. Scottsdale also says that Mr. Kesler's declaration is extra-record evidence and should be stricken and the FAA then required to submit a new brief without the Kesler declaration. Upon receiving the Scottsdale motion the Court suspended the current court schedule and new dates will be provided at a later date. CLICK HERE to read the Scottsdale motion to strike of November 8, 2021
Predictably, the FAA, on November 18th, filed a motion objecting to Scottsdale's motion to strike and made numerous arguments and citations of previous cases to try to support it's opposition. CLICK HERE to read the FAA's opposition on November 18, 202
And of late, Scottsdale responded on November 30th, filing a reply with the Court reinforcing it's original motion to have the FAA brief stricken and pointing out why the FAA's opposition to the strike the request is invalid. However, if the FAA would file the declaration for "Limited Purposes" the City would not object. Apparently, in that case, the declaration would only be used by the Court if it ruled in Scottsdale's favor and was determining what specific relief to grant. CLICK HERE to read Scottsdale's November 30, 2021 rebuttal to the FAA's opposition.
No news yet as to when the Court will rule on the series of motions and then set a new court schedule.
Regardless of the FAA's protestations that dooms day would occur if the Court rules in favor of Scottsdale, dooms day would never occur. Scottsdale is not concerned with throwing out the entire navigation system and the Court would likely not do so. SCANA's take is that Scottsdale's primary goal is to obtain relief from the east/northeast departure routes the FAA placed over Scottsdale at the end of 2014. The FAA has already proven it could do such modifications safely, efficiently and quickly when the Court forced it to remand 9 western departures out of Sky Harbor when Phoenix sued and won relief in 2018. The Court at that time declared "...we grant the petitions, vacate the September 18, 2014 new flight departure routes at Sky Harbor International Airport.....". If the merits of this case get to the judges, we hope the Court will remember that it has already ruled that the flight paths Scottsdale is fighting should be remanded.
More to come.
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FILE A NOISE COMPLAINT AS OFTEN AS YOU CAN!
While it may feel useless to continue to file noise complaints, it is important that complaint statistics show continued resident opposition to the NextGen flight paths. Complaints should be filed with both the FAA and Sky Harbor Airport. For the FAA, CLICK HERE FAA to go to its complaint form and CLICK HERE SKY to go to the Sky Harbor compliant form to log a complaint. No log in is required and it only takes a minute!
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Please take a few moments to do the following:
1. Unless you have already done so, please go to the SCANA website at airplanenoise.org and vote YES to support SCANA's efforts to restore Scottsdale's quiet skies.
2. Go to the SCANA Facebook page at Scottsdale Coalition for Airport Noise Abatement
https://www.facebook.com/airplanenoise and "Like" the page and "Follow" it.
3. Contact our elected representatives often to voice your concerns over the FAA's arbitrary actions in the implementation of these flight paths. Go to the Complaint page on our website to click on the parties you wish to contact. Contact the Scottsdale City Council members via email here: citycouncil@scottsdaleaz.gov
4. Spread the word about SCANA and our website to neighbors and friends who are also concerned about the loss of their safety and the loss of the enjoyment of their home life and outdoor activities. Ask them to sign up on our website to receive our updates.
PLEASE CONTINUE TO SUPPORT THE EFFORTS TO RESTORE THE QUIET AND SAFE SKIES SCOTTSDALE ENJOYED BEFORE THEY WERE STOLEN BY THE FAA
WE DID NOT MOVE TO THE FAA, THE FAA MOVED TO US!
Thousands of homeowners in Scottsdale and across the Country purchased their homes before an airplane superhighway was "arbitrarily and capriciously" placed over their neighborhoods without their knowledge or input.
