Under the 1985 John Wayne Airport Stipulated Settlement Agreement, as amended in 2003, regularly scheduled commercial users operating at JWA shall not serve more than 10.3 million annual passengers in any year beginning on January 1, 2003 through December 31, 2010, and not more than 10.8 MAP beginning on January 1, 2011 through December 15, 2015. To maintain passenger traffic within those limits, and to balance the needs of the Orange County community for adequate commercial air transportation facilities and the desire of the local community for environmentally responsible air transportation operations at JWA, the County, in its capacity as proprietor and operator of JWA, imposed noise restrictions; implemented Permitted Commercial Operations Hours (commonly referred to as a “curfew”); and adopted limits on the noise levels of aircraft operating at JWA, and the number of passengers those aircraft could accommodate in any year.

 

Continue Reading Summary of the John Wayne Airport Phase 2 Access Plan

Many governmental entities and affected communities have heard a great deal about the John Wayne Airport Settlement Agreement and the restrictions it imposes on noise from airport operations, the most stringent in the United States, including a mandatory curfew for aircraft that exceed specified noise levels in departure. For a full discussion, please see John Wayne Airport Settlement Agreement – Past and Future.

The Federal Aviation Administration’s most recent forecast of future airline passengers at the region’s airports is an eye opener. In the forecast year 2030, FAA is projecting 49.3 million enplanements (98.6 million total passengers) at Los Angeles International Airport; 3 million enplanements (6 million total passengers) at Ontario International Airport; and 6.6 million enplanements (13.2 million air passengers) for John Wayne Airport. This compares to current figures for LAX of approximately 58 million air passengers a year; Ontario, 4.5 million air passengers a year; and John Wayne Airport, 9.8 million air passengers a year.

Of course, 2030 is 20 years away and much can happen between now and then. Therefore, the real eye opener is the comparatively low projected growth of Ontario. Despite the fact that Ontario has new terminals, runways thousands of feet longer than those at John Wayne Airport, and convenient freeway access to all of the Inland Empire as well as northeast Orange County, FAA does not expect it to grow more than 33%, compared to John Wayne Airport’s 38% and LAX’s whopping approximately 60%.

Continue Reading FAA’s Most Recent Forecast Sees Massive Increase in Passengers at Region’s Airports

On June 3, 2010, the U.S. Environmental Protection Agency [EPA] issued a final rule establishing lowered standards for acceptable levels of sulfur-dioxide [SO2] emissions. The new rule also changes the monitoring requirements for SO2. SO2 is one of six criteria pollutants which Federal agencies must evaluate under the EPA’s General Conformity Rule, to determine whether emissions from a proposed project would conform to an approved CAA implementation plan. If a conformity analysis and determination indicate that a proposed Federal project would not conform to an applicable implementation plan, the project cannot be funded, licensed, permitted or approved. Continue Reading EPA Sets New Standards for Sulfur-Dioxide (SO2) Emissions and Monitoring

On June 2, 2010, the Federal Aviation Administration issued a proposed rule that calls for a new level of protection for airline passengers, including compensation for involuntary “bumping;” permission to cancel reservations within 24 hours without penalty; and prohibition on airline ticket price increases after purchase.

 

This most recent proposal is in addition to the Final Rule promulgated last month which bans lengthy tarmac delays and the imposition of other inconveniences as well as questionable health practices by the airlines.

Interested parties may submit comments on the proposal to the FAA within 60 days. It is a certainty that the airlines will do so, as the proposal appears to have a potential impact on their bottom lines. Further discussion of the proposal can be found at www.dot.gov/affairs/2010/dot11010.html
 

If enacted, proposed legislation would change the landscape for “through-the-fence” operations at public use airports that receive Federal funding. Through-the-fence [TTF] operations occur when an airport sponsor enters into an agreement that permits access to airport taxiways, runways and facilities by aircraft based on land adjacent to, but not part of, airport property. TTF operations range from off-airport fixed base operators [FBOs] who provide aeronautical support and services, and often compete with on-airport FBOs to provide the same support and services, to residential TTF agreements that grant airport access from hangars and homes located on private property adjacent to an airport [also known as “fly-in communities” or “residential airparks”]. Historically, the Federal Aviation Administration [FAA] has “discouraged” TTF operations at Federally funded airports, especially by FBOs that would compete with on-airport FBOs. The FAA has approved some residential TTF agreements on a case-by-case basis.

Continue Reading Proposed Federal Litigation Would Permit Residential Through-The-Fence Operations at Public Use Airports

On May 18, 2010, the Los Angeles City Council approved, by a 12-3 margin, a Motion calling for a study of the requirements for, and costs and benefits of, returning Ontario International Airport (“ONT”) to the control of the City of Ontario, California.

Passenger traffic at Ontario has declined from 7.2 Million Air Passengers in 2007 to 4.88 in 2009. Projected revenues for Fiscal Year 2011 have also declined from $78.6 million to $75.5 million. While projected costs have also been lowered to $67 million from the originally forecast $76.8 million, Los Angeles City Councilman Greg Smith’s Press Aide, Matt Meyerhoff expressed Councilman Smith’s view that Los Angeles is “looking to sell the airport and getting some money out of the deal.” The Study is due to be completed by September 1, 2010.

On Thursday, May 27th, the Los Angeles County Metropolitan Transportation Authority (MTA) will consider approving the preparation of a comprehensive State Route 710 corridor study, which will include alternatives and environmental impacts of a project that would close the 4 mile gap in the Long Beach (710) Freeway between Alhambra and Pasadena. Alternatives will include improvements to surface streets, construction of a surface freeway and a series of tunnels. The project would be subject to environmental review under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The 710 Freeway Project would also have to comply with the Clear Air Act, Clean Water Act and Historic Preservation Act. The tunnels alternative[s] will present unique issues concerning groundwater, contaminated soils and active fault lines.

The 710 Freeway was originally planned to extend from Long Beach to Pasadena. The Long Beach to Valley Boulevard segment was opened in 1965. However, since that time the segment between Valley Boulevard and Pasadena has been stalled by public controversy and court actions, resulting in the “710 gap.” Opponents argued that completion of the Valley View to Pasadena segment would require destruction of hundreds of homes and some historic properties. Residents in other areas complained about noise and air pollution caused by heavier traffic on other freeways and surface streets because of 710 gap, and supported completion of the freeway. In 1999 a U.S District Court Judge ruled that the project, as then proposed, violated the Clear Air Act, NEPA and the Historic Preservation Act. Rather than remedy the violations, the Federal Highways Administration (FHWA) rescinded its Record of Decision (ROD) and the California Transportation Commission withdrew its Notice of Determination.

In the midst of much debate as to whether a threat of “global warming” and “global climate change” actually exists and, if it does, further debate as to whether wind-generated energy would reduce carbon-dioxide emissions sufficiently to have a measurable impact on global temperatures, one thing is certain – wind farms are here, and more are planned. And, as with all forms of energy generation, the siting, construction and operation of wind farms present a number of Federal and local environmental and legal issues.

At the Federal level, wind farm projects may be subject to environmental review under the National Environmental Policy Act (NEPA). They may also be subject to challenge under the Clean Water Act, Endangered Species Act, Migratory Bird Treaty Act, Rivers and Harbors Act and the Outer Continental Shelf Lands Act. (The Mineral Management Services (MMS) has authority to regulate alternative energy projects on the Outer Continental Shelf.) Other regulatory issues include Bureau of Land Management (BLM) policies for wind energy projects proposed for land managed by BLM, and U.S. Forest Service (USFS) special use permit requirements for wind energy projects proposed on USFS managed land. Wind farm projects proposed near airports or military airfields must be evaluated by the Federal Aviation Administration (FAA) to determine if they would be an obstruction or hazard to air navigation or interfere with surveillance radar. Wind farm projects can sometimes impact tribal rights.

Potential state and local issues include state environmental review, project siting, permitting and licensing, zoning and surrounding land uses, land leases and easements, turbine noise, vibration (“aerodynamic modulation”), shadow flicker, visual impacts and aesthetic concerns, perceived health effects of wind turbines, interference with electromagnetic transmissions (radio, television and cell phone signals) and claims for declines in tourism and property values. There can also be issues concerning technical requirements, safety, insurance and liabilities on the part of developers, landowners and operators.

These and other wind farm related issues are being litigated, and will continue to be litigated in increasing numbers, in state and Federal courts. The litigation ranges from a case pending in a North Dakota District Court, in which the City of Wishek is seeking to force a homeowner to remove a single wind turbine from his yard, to the 130-turbine Cape Wind project, located in waters five miles off Cape Cod and recently approved by the FAA and the Department of Interior, which opponents have vowed will “be in litigation for years.”

Los Angeles World Airports on Monday projected a $647.6 million operating budget for the fiscal year that begins July 1, according to preliminary figures.  The operating budget covers day-to-day expenses at Los Angeles International Airport and the agency’s smaller airports in Ontario and Van Nuys.  On its own, LAX’s operating costs during the 2010 fiscal year are expected to increase 1.8 percent to $565 million, while revenue is projected to increase 5.8 percent to $705 million.  LA/Ontario International Airport is expected to see a 14.6 percent budget cut, while Van Nuys Airport will experience 10.9 percent in operating reductions, according to the proposed budget.  The Board of Airport Commissioners is expected to consider a final draft the LAWA’s budget on June 7, said Gina Marie Lindsey, executive director of the airport agency.  Art Marroquin/Torrance Daily Breeze