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In what might be a surprising decision in any other Circuit, the United States Court of Appeals for the Ninth Circuit issued a ruling in Barnes v. U.S. Dept. of Transportation, United States Court of Appeals for the Ninth Circuit, Case No. 10-70718, August 25, 2011, which, while narrow, begins the process of eroding both the Federal Aviation Administration’s (“FAA”) long held position that “aviation activity . . . will increase at the same rate regardless of whether a new runway is built or not,” Barnes, at 16285, and the Federal Court’s traditional deference to it. City of Los Angeles v. FAA, 138 F.3d 806, 807-08, n. 2 (9th Cir. 1998).Continue Reading Ninth Circuit Calls FAA to Task on Environmental Impacts of New Runway

Representative Howard Berman of Los Angeles’ San Fernando Valley has been getting an earful lately from constituents disgruntled by constant, low level overflights from sightseeing, paparazzi and media helicopters from nearby Burbank Airport. In response, Berman introduced the Los Angeles Residential Helicopter Noise Relief Act which would require the Federal Aviation Administration (“FAA”) to establish rules on flight paths and minimum altitudes for helicopter operations above residential neighborhoods within one year of the bill having been signed into law. The bill would contain exemptions for emergency responders and the military. Surprisingly, while FAA regulation 14 C.F.R. section 91.119 establishes minimum altitudes for fixed-wing aircraft, it exempts helicopters from such requirements. “A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA.” 14 C.F.R. section 91.119(d)(1).Continue Reading Proposed Legislation Would Grant Noise Relief from Helicopter Overflights

The Los Angeles Times reports that, while economic conditions are slowly improving throughout most of the nation, including most of California, California’s Inland Empire, comprised of Riverside and San Bernardino Counties is not so fortunate. The Times reports that the volume of home sales in San Bernardino County dropped 18.3% from last June, and in Riverside County 14.7%. Similarly, jobs fell throughout the Inland Empire in sectors such as leisure and hospitality (minus 3,200 jobs in June) and educational and health services (minus 1,300 positions in June). Finally, the region lost 3,900 construction jobs over the year, and more than 75,000 since the peak of construction in June, 2006.

As part of the solution to this ongoing problem, the City of Ontario and County of San Bernardino have joined together to negotiate a return of Ontario International Airport (“ONT”), operated by the City of Los Angeles through its Airport Department, L.A. World Airports (“LAWA”) since 1967, to local control. ONT has, consistent with the condition of the local economy, seen an approximate 30% decrease in operations since 2007.
 Continue Reading Inland Empire’s Economic Woes Remediable Through Local Control of Ontario International Airport

Yet another project at Los Angeles International Airport (“LAX”) has skated under the requirements of the California Environmental Quality Act (“CEQA”). The project, the “American Airlines Commuter Facility Improvement Project,” allegedly constitutes a mere replacement of the facilities once occupied by United Airlines. Not exactly. The project actually includes, but is not limited to: (1) more than doubling the size of the passenger terminal/administration building to add passenger accommodations and office space; (2) addition of an almost 10,000 square foot building for baggage handling, office space and storage; and (3) replacement of a remote gate, accessed by foot or bus, with an enclosed contact gate such as those which are used inside the main terminals.

Despite the expansionary nature of the project, Los Angeles World Airports (“LAWA”), the Department of the owner, City of Los Angeles, responsible for operating LAX does not give so much as a passing nod to compliance with CEQA. If the project could simply be described as “new lease with American Airlines,” as a recent “Transmittal for Review of LAX Tenant Improvement Project” would have the public believe, the omission to conduct environmental review might be justified by a categorical exclusion from CEQA, 14 Cal. Code Regs. section 15301. That exclusion, however, does not apply here. The project, far from being “negligible” in scope, clearly constitutes a massive expansion of the previous passenger hold room and other passenger serving facilities.
 Continue Reading LAX/American Airlines Commuter Facility Project Avoids Environmental Review

The City of Los Angeles (“Los Angeles”) went on record yet again, rebuffing a cooperative effort between the City of Ontario (“Ontario”) and County of San Bernardino (“San Bernardino”) to promote growth at Ontario International Airport (“ONT”). The Los Angeles City Council formally voted to oppose SB466, introduced earlier this year by Senator Bob Dutton, which would allow for structured negotiations regarding the transfer of ONT to a newly formed joint powers agency comprised of Ontario and San Bernardino. The rationale for the legislation is that ONT has proportionally suffered the worst loss of passengers and airline operations of any airport in the Southern California region, and that a shift to local control is needed to restart what had previously been considered the economic engine for the Inland Empire.Continue Reading City of Los Angeles Opposes Legislative Efforts to Encourage Growth at Ontario

The California Department of Transportation, Aviation Division (“Caltrans”) has announced yet another delay in the publication of the “California Airport Land Use Planning Handbook” (“Handbook”). The Handbook constitutes guidance for California’s airport land use commissions (“ALUC”) in the establishment of height, density and intensity restrictions for land uses around California airports. This delay continues and even increases the risk of conflict between ALUCs and local land use jurisdictions throughout California. 

ALUC restrictions are not the last word concerning land uses around airports, as local land use jurisdictions have final authority to approve or disapprove land uses within their own boundaries. However, ALUC restrictions can make it more difficult for a local jurisdiction to effectuate previously enacted development plans in the vicinity of an airport. This is because, to overcome the ALUC determination of inconsistency with ALUC restrictions, the local jurisdiction must overrule the ALUC by a two-thirds vote, a hurdle often difficult if not impossible to overcome because of fears of liability.

Continue Reading California Airport Land Use Planning Handbook 2011 Update Delayed Again

The citizens of Newport Beach read with interest the front page article in the Orange County newspaper, the Daily Pilot, a subsidiary of the Los Angeles Times, of July 10, 2011, concerning this weekend’s air show at the Orange County “Great Park.” They looked with even greater consternation at the remarks of one of the attendees who stated “Airplanes in general have been a fascination for people . . . these days you don’t see them flying around as much. And when you have a chance to see them up close and personal it’s a good reason to come out.” Where has this guy been living for the last 15 years – under a rock?Continue Reading If Airplanes are so Fascinating, the “Great Park” Can Have Ours

As if seven years of wrangling were not enough, the Federal Aviation Administration (FAA) is now proposing changes to the current airspace utilization at Kennedy and Philadelphia International Airports.

From 2002 to 2009, governmental and private entities from Connecticut to Pennsylvania, including the State of Connecticut, various local jurisdictions in New York State, environmental…

It has come to our attention that the most recent revision of the California Airport Land Use Planning Handbook (Handbook) has just been released for public review and comment. The review period will end December 27, 2010.

The Handbook and the Airport Land Use Compatibility Plans (ALUCP) approved by many jurisdictions based on…

It’s a good thing that Los Angeles World Airports (LAWA) has finally begun to pull the mask of safety from its plan to move Runway 24R in the Los Angeles International Airport (LAX) North Airfield Complex closer to Westchester Homes. According to the Federal Aviation Administration (FAA), only three of the total twelve runway incursions…