JULY 2021 UPDATE
IN THIS UPDATE:
- CITY OF PHOENIX TELLS FAA NOT TO USE THEIR IMPLEMENTATION AGREEMENT TO ADDRESS SCOTTSDALE'S LAWSUIT AND NEXTGEN FLIGHT PATH ISSUES
- LOS ANGELES WINS LAWSUIT AGAINST THE FAA
- SCOTTSDALE AIRPORT TEMPORARILY CLOSED
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CITY OF PHOENIX TELLS FAA NOT TO USE THEIR IMPLEMENTATION AGREEMENT TO ADDRESS SCOTTSDALE'S LAWSUIT AND NEXTGEN FLIGHT PATH ISSUES
In a letter sent to the FAA dated June 23, 2021, Phoenix City Manager Ed Zuercher said Phoenix will consider litigation if the FAA tries to reopen the Implementation Agreement that resulted from the lawsuit Phoenix won regarding the FAA's illegal implementation of new NextGen flight paths at the end of 2014. That agreement returned nine westbound departure flight paths to, or near to, their original locations after residential and community uproar over the noise impacts of the new flight paths. His letter implies that the FAA has threatened Phoenix with reopening the agreement in order to address Scottsdale's litigation for the same kind of noise and safety issues the Phoenix lawsuit addressed. Understandably, Phoenix does not want the agreement reopened as it likely doesn't trust what else the FAA might try to do with flight paths elsewhere. The Scottsdale lawsuit does not ask for the agreement to be reopened. It states that the FAA's decision stemming from the Step 2 process mandated by the agreement, to not address the illegal Scottsdale flight paths, was improper. The FAA said at the time if it were to consider further changes it would do so under a "new" action. If the FAA abides by that statement, it would seem to allay the Phoenix concern and would be acceptable to Scottsdale as well. But it would seem from Mr. Zuercher's letter that the FAA has told Phoenix that in order to address Scottsdale's issues, which are being litigated in the U.S. Court of Appeals, that it would need to reopen the Implementation Agreement. If the FAA attempts to do so it would be contradicting it's own statements it made at the conclusion of the Step 2 process when it stated "The FAA will not be taking further action under Step Two, and has now completed all of its obligations under the Implementation Agreement. Any future actions that the FAA may undertake regarding airspace changes in and around Phoenix will be considered new actions that are unrelated to the Implementation Agreement." Of course, it wouldn't be the first time the FAA would contridict itself to try to avoid responsibility for its illegal actions. It is SCANA's assessment that the FAA is trying to create friction between Phoenix and Scottsdale with this threat in an attempt to undermine the Scottsdale lawsuit. But we suspect the Cities are a bit too wise to fall for this ploy. Scottsdale has every reason to support Phoenix in the upholding of the Implementation Agreement and Phoenix has no reason not to support Scottsdale's actions with the FAA for flight path relief.
In the April SCANA update, we reported that Scottsdale had seemingly tired of the FAA's stalling via mediation talks and filed a brief with the Court to move the litigation forward. It appears now however, that mediation talks are still taking place between the parties either via Court request or perhaps through mutual consent. Regardless, little is known by the public whether any meaningful progress is being made. If no progress is being made with the talks, SCANA has encouraged the City to proceed with litigation to determine an outcome for the case. A winning outcome would force the FAA to consider amending the three flight paths Scottsdale is suing over or force the FAA to follow the legal processes it should have when determining the new flight paths. Due to the outstanding litigation, Scottsdale can not comment on issues surrounding the case.The following article lends optimism to Scottsdale and others that the U.S. Court's are trending to hold the FAA accountable for its illegal actions. SCANA will continue to keep tabs on new developments and report on them when they become known.
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LOS ANGELES WINS LAWSUIT AGAINST THE FAA
The U.S. 9th Circuit Court of Appeals handed a defeat to the FAA this July when it ruled the FAA violated key environmental laws when it changed flight patterns for aircraft coming into Los Angeles International Airport over mid-city and central Los Angeles. As a result of the decision the FAA must undertake a proper environmental analysis that should have taken place prior to implementing the changes in 2018. The FAA used a similar illegal process at Sky Harbor International Airport in Phoenix where a U.S. Court also ruled against the FAA in a lawsuit brought by the City of Phoenix and the Historic Districts. The lawsuit the City of Scottsdale has filed against the FAA alleges that the FAA violated the same laws when it announced in January of 2020 that it would make no changes to the new NextGen flight paths it placed over Scottsdale. The FAA completed a required public comment process in 2019 that showed Scottsdale and east valley residents were adamant that changes were necessary but the FAA ignored that input. SCANA has 928 active supporters as reported on its website. The Scottsdale lawsuit is ongoing with the parties still in mediation discussions.
CLICK HERE to read more detail about the L.A. decision.
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SCOTTSDALE AIRPORT RUNWAY TEMPORARILY CLOSED
The Scottsdale Airport has closed its runway and taxiways to aircraft operations in order to resurface and maintain the quality of the surfaces. No major maintenance work has been performed on the runway and taxiways for many years, and it is now necessary the work be undertaken. The project will not increase the size or the weight capacity of the runway. The runway can accommodate business jets up to the weight of a Gulfstream G-650, about 75,000 pounds. With special permission, aircraft can land up to 100,000 pounds. The airport had 195,800 aircraft operations in 2020, making it one of the busiest single runway general aviation airports in the nation The project started on July 6 with a mid August completion date planned for the runway to reopen for air traffic. In the meantime, residents affected by Scottsdale Airport air traffic can temporarily enjoy the quiet skies.
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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 their 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. If you haven't already, 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.