MAY 2020

EXTENSIONS GRANTED IN CITY OF SCOTTSDALE LAWSUIT AGAINST THE FAA

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The petition the City of Scottsdale filed against the FAA is continuing down the path.  In April the FAA was granted an extension by the U.S. Court of Appeals to file its response to the petition until May 27th.  In its May 27th response, the FAA asked for another 60 day extension.  The City has indicated it is not going to object to the extension.  The COVID virus issues have affected most organizations and it is assumed that this is the major reason in asking for the extensions and that the City is not objecting to them.  The new response date for the FAA would then move to July 27th, 2020.

Prior to the extension request, the U.S. Court of Appeals established time lines for the presentation of briefs to the Court.  However, with an extension being granted, these timelines will have to be moved to later dates.  The dates as stated are:

     Petitioner's Brief:               June 17, 2020

     Respondent's Brief:           July 17, 2020

     Petitioner's Reply Brief:     August 7, 2020

     Deferred Appendix:           August 14, 2020

     Final Briefs:                       August 28, 2020

When these dates are adjusted due to the extension, hopefully the same prompt scheduling will be utilized.  Once the above briefing process is complete, the Court will schedule oral arguments.  It is not known how or when those might be scheduled. Since residents are anxious to see this lawsuit resolved, it is hoped the process will proceed without further delays once these extensions expire.  The City will use the extra time to continue to strengthen its case and to prepare for the next steps.

On April 2, 2020, the City also filed with the Court a STATEMENT OF ISSUES TO BE RAISED within the petition it filed.  There are six primary issues that the City identified: 

1.  Whether the FAA’s January 10, 2020, Decision violated
Vision 100 – Century of Aviation Reauthorization Act of 2003, (Publ.
Law 108-176 (Dec. 12, 2003))(“Vision 100”) by not developing airport
approaches and departure flight paths that reduce exposure of noise
and emissions pollution on affected residents and was, therefore,
arbitrary and capricious and not in accordance with the law.

2.  Whether the FAA’s January 10, 2020, Decision violated the
FAA’s statutory duties under the Noise Control Act and the Federal
Aviation Act of 1958 by failing to protect residents and property owners
from the deleterious effects of aircraft noise and was, therefore,
arbitrary and capricious and not in accordance with the law.

3.  Whether the FAA’s January 10, 2020, Decision violated the
Clean Air Act, 42 U.S.C. § 7401 et seq. and was, therefore, arbitrary and
capricious and not in accordance with the law.

4.  Whether the FAA’s January 10, 2020, Decision violated the
National Environmental Policy Act (“NEPA”) 42 U.S.C. § 4321, et seq.,
and the Council on Environmental Quality’s Regulations for
Implementing the Procedural Provisions of the National Environmental
Policy Act (“CEQ Guidelines”), 40 C.F.R. § 1500 et seq. and was,
therefore, arbitrary and capricious and not in accordance with the law.

Whether the FAA’s January 10, 2020, Decision violated 4(f)
of the Department of Transportation Act of 1966, 40 U.S.C. § 303(c) and
was, therefore, arbitrary and capricious and not in accordance with the
law.

5.  Whether the FAA’s January 10, 2020, Decision violated 4(f)
of the Department of Transportation Act of 1966, 40 U.S.C. § 303(c) and
was, therefore, arbitrary and capricious and not in accordance with the law.

6.  Whether the FAA’s January 10, 2020, Decision violated the
FAA’s regulations and orders and was, therefore, arbitrary and
capricious and not in accordance with the law.

As new developments in the case become known, SCANA will send out updates and post them on the SCANA website at airplanenoise.org.

CLICK HERE to read the original City petition.

CLICK HERE to read the Courts briefing schedule.

CLICK HERE to read the City's Statement of Issues.

                            __________________________________________

CHECK OUR WEBSITE OFTEN:  AIRPLANENOISE.ORG

You can email us at scanaphx@gmail.com

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.