Santa Monica City Council Votes, Once Again, To Close Santa Monica Municipal Airport (SMO)

On August 23, 2016, the Santa Monica California City Council unanimously approved a resolution to reduce flights and close the Santa Monica Municipal Airport (SMO) by July 1, 2018. This is not the first time the City Council has taken this action, and, like previous efforts, this resolution faces substantial legal headwinds. http://lat.ms/2bCIqN4 and http://bit.ly/2biWBX4

Instead of simply calling for the shut-down of the airport, the resolution contained a package of measures designed to minimize environmental impacts and scale back flight operations, especially those of private and corporate jets, until the airport can be shut down.

These measure are aimed at curtailing aircraft traffic at the airport. They include petitioning the FAA to shorten the airport’s runway from 5,000 feet to 2,000 feet, eliminating the sale of leaded fuel, adding security, creating a permit system instead of leases for aviation tenants and increasing enforcement of local, state and federal laws related to airport operations.

In addition, the City Council approved the creation of a city-run operation to replace two private companies that provide aeronautical services such as fuel, maintenance and aircraft storage. The City believes that by doing so, it will be able to better control operations at the airport and reduce the environmental impact on the surrounding neighborhoods.

Closing the airport is still working its way through the courts and the FAA. The FAA recently ruled that the airport must stay open until 2023 in order to comply with its grant assurances. http://bit.ly/2b1vSjt The City has until October 14, 2016, to file a Petition for Review challenging that decision in the U.S. Court of Appeals.

In addition, airport users have filed another administrative proceeding with the FAA accusing the city of violating its grant assurances by imposing unreasonable landing fees, illegally diverting airport funds to non-aviation uses and setting unfair leasing policies to force out aeronautical tenants. FAA Docket No. 16-16-02.

Finally, the City filed a lawsuit in federal court to settle the issue about what its duties and responsibilities are under the federal agreement. After being dismissed by the U.S. District Court, the lawsuit was re-instated by the Court of Appeals. That lawsuit is set for trial in late 2017 in U.S. District Court in Los Angeles.   U.S. District Court for the Central District of California, Case No. 13-8046. Although the case is set for trial, the parties have agreed to mediation and have hired a private mediator. That proceeding will be completed no later than: March 7, 2017, with a joint report regarding the results due on March 14, 2017.

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