SANTA MONICA AIRPORT INFORMATION

NEW - August 27, 2008

Today the City filed its reply brief in the Ninth Circuit proceding that challenges both Judge Wu’s Preliminary Injunction and the FAA Interim Cease and Desist order.  This completes the briefing in this case.  The Court will likely schedule oral arguments next, which may occur late this year or sometime in 2009.

City of Santa Monica Reply Brief, August 27, 2008

On June 3, 2008, the FAA served the city with its opposition to the city’s Application for a Stay Pending Appeal.  The city’s Reply to the FAA’s Opposition was filed with the Court of Appeals for the Ninth Circuit on June 10, 2008.  As indicated below, the Court will make its ruling after consideration of the written arguments submitted by the parties, but there is no fixed schedule for the Court’s ruling on the stay request. 

FAA Response to Stay Motion, June 3, 2008

City's response to the FAA's Opposition to Stay Motion, June 9, 2008

On May 27, 2008, the Federal Aviation Administration issued its Director’s Determination in the administrative proceeding it first instituted against the City of Santa Monica in October 2002.  The 68-page document asserts that the City did not have the legal authority to adopt the Ordinance prohibiting the use of the Santa Monica Airport by category C and D aircraft.  The FAA also references a grant for airport improvement projects accepted by the City in 1994.  The grant requires the City to operate the property for 20 years, until 2014. The City received a payment in 2003 at the conclusion of the projects funded by the 1994 grant.  It was not a new grant and does not extend the City’s obligations to operate the Airport until 2023 as asserted by the FAA.

The City had previously contested the FAA’s position in its response to the FAA’s Order to Show Cause (see City’s Response to Proposal and the City’s response to FAA’s Cease and Desist Order below).  The Director’s Determination is an initial administrative decision of the FAA, but is not the final decision of the agency.  The City has the option of requesting an administrative hearing or appealing directly to a second level of administrative review.  The City expects to contest the FAA’s determination and will decide in the next few weeks on the manner in which it will proceed. 

Read the FAA Director’s Determination

On May 22, 2008, the City filed an application for a stay of the District Court’s order enjoining enforcement of the Ordinance prohibiting C & D aircraft from using the Santa Monica Airport in order to promote public safety.  The application was filed with the Ninth Circuit Court of Appeals in San Francisco.  The application argues that the City is likely to succeed on the merits of the case because the City, as the Airport proprietor, has the power to conform airport usage to airport facilities in order to protect safety and that no significant harm would result from issuance of a stay, and a stay would promote the public interest. 

The Ninth Circuit Court of Appeals will rule after completion of the submission of written arguments by the parties, but there is no fixed schedule for a ruling on stays.  View the application (pdf - 17MB, 233 pp)

On May 15, 2008, Judge George H. Wu of the United States District Court heard oral argument from the City of Santa Monica and the United States.  Following the Court hearing, the matter was taken under submission by the Court for further consideration.  On May 16, 2008, the Court issued a Preliminary Injunction which prevents the City from enforcing Santa Monica Municipal Code §10.04.06.220 and requires the City to permit the use of the Santa Monica Airport by category C and D aircraft for the duration of the lawsuit.  View the court's order.

The FAA filed for a preliminary injunction to prevent the city from enforcing the ordinance banning Class C & D aircraft from the airport while the matter is in litigation.  A hearing on the preliminary injunction was held on May 15, 2008.  As required by the judicial process, the FAA filed its application for the preliminary injunction and the City filed its response for the May 15 hearing in federal district court.

FAA filing for a preliminary injunction
FAA petition in support of the preliminary injunction
City's response to application for preliminary injunction

On May 5, 2008, the City filed its response to the Interim Cease and Desist Order served on the City on April 23, 2008.  In response the FAA served the City with a Supplemental Interim Cease and Desist Order.  

FAA's Supplemental Cease and Desist
City's response to FAA's Cease and Desist Order

The FAA issued an Interim Cease and Desist Order on April 23, 2008 and filed an application for a TRO the next day. After receiving notice of the application for a Temporary Restraining Order, the federal government and the City agreed to forestall enforcement of the Ordinance pending the hearing on the Temporary Restraining Order. On April 28, the Judge George Wu issued a Temporary Restraining Order enjoining the City’s Ordinance until the hearing on the preliminary injunction on May 15, 2008.                     

Temporary Restraining Order granted April 28, 2008

An ordinance banning C and D class aircraft at Santa Monica Municipal Airport to ensure public safety goes into effect on April 24, 2008.  The FAA advised Santa Monica on April 21, 2008 that the city should not enforce the ban pending the outcome of the FAA’s administrative investigation. The ordinance will go into effect as scheduled on April 24, 2008 and the city has submitted a response to the FAA.  The FAA issued an Interim Cease and Desist Order on April 23, 2008.

Read the FAA’s notice to the city and the city’s response

FAA's Cease and Desist Order

Immediately after Council acted to ensure public safety by adopting an ordinance requiring aircraft operations at the airport to conform with FAA design standards for Category A and B aircraft, the FAA issued an "Order to Show Cause", requiring the city to justify and legitimize its runway safety program.  The city responded on April 7 with a 40-page brief and hundreds of exhibits.

April 7, 2007 Press Release - "CITY DEFENDS RUNWAY SAFETY ORDINANCE BY CHALLENGING FAA ORDER"
City's response to the FAA's Order (PDF)

Read the proposal from the FAA (PDF)
Read the City's response to the proposal (PDF)
Read the FAA Order to Show Cause (PDF)