DECEMBER 2021 UPDATE #2
IN THIS UPDATE:
APPEALS COURT RULES ON SCOTTSDALE - FAA MOTIONS
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APPEALS COURT DENIES PART OF SCOTTSDALE REQUEST
On December 23rd the U.S. Court of Appeals denied the City of Scottsdale's request to strike the FAA's Response Brief and require it to submit a new brief. However, Scottsdale's request to deny an attached declaration made by FAA employee Christopher Kesler, was referred to the merits panel for resolution.
Scottsdale 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 was 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 said that Mr. Kesler's declaration is extra-record evidence and should be stricken. The FAA then filed a motion opposing the Scottsdale request. In the recent ruling the Court said the FAA's main brief was within the 13,000 word limitation and would not be stricken. But it left the decision as to whether the Kesler declaration would remain up to the Courts merit panel. For motion issues not easily resolved, the issue is forwarded to a merits panel which generally consists of three judges. There may or may not be oral arguments before the merits panel. The panel will decide whether the Kesler declaration should stay as a part of the FAA's Response Brief or whether it will be stricken per Scottsdale's request.
When the merits panel will rule is unknown. However it may be in the near future as the Court set new dates for briefing schedules. That new schedule is:
Petitioners Reply Brief: January 13, 2022
Deferred Appendix: January 20, 2022
Final Briefs: February 3, 2022
CLICK HERE to see the Courts December 23, 2021 ruling
CLICK HERE to see the FAA's original Response Brief of October 22, 2021 including the Kesler declaration
CLICK HERE to see Scottsdale's motion on November 8, 2021 to strike the FAA Response Brief
SCANA will continue to provide updates as information becomes available.
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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.