Aircraft operators
utilizing California’s Santa Monica Municipal Airport (SMO) will
soon need to prepare for runway closures and construction, as a
District Court judge denied a preliminary injunction and dissolved a
temporary restraining order (TRO) to halt the city’s planned
runway-reduction project.
The City of Santa Monica
has been authorized to reduce the length of SMO’s sole runway under
the terms of a unique, highly unusual settlement agreement with the
Federal Aviation Administration (FAA) announced in January of this
year.
Construction is
expected to kick off on Oct. 23. In Phase 1, the airport will be
closed to all aircraft, including helicopters, nightly from 9 p.m.
to 7 a.m. local time, Monday through Friday, while the project is
undertaken.
During Phase 2 of the
city’s plan, dates for which are still being finalized, SMO will be
closed entirely for approximately 10 consecutive days. The airport
will operate with a 4,973 ft. length runway through Phase 1 and will
re-open at the end of Phase 2 with the shortened, 3,500 ft., runway.
NBAA members and other operators will need to check NOTAMs regularly
and plan accordingly. NBAA will share a copy as soon as available of
the city of Santa Monica’s runway-shortening notice.
Earlier this month,
Senior U.S. District Judge Ronald S.W. Lew of the U.S. District
Court for the Central District of California had issued a TRO on the
project, in response to the California Brown Act challenge brought
by two local flight school students. NBAA and AOPA filed a joint
amicus brief and the Santa Monica Airport Association also supported
the case. However, on Oct. 16, the judge reversed himself, declined
to issue a preliminary injunction and dissolved the TRO.
“Judge Lew’s
decision to rescind the TRO opens the door for the city to act on
its plan, but we continue to exercise our legal options for
maintaining access to this airport, as we have done for decades,”
said Alex Gertsen,
NBAA director of airports and ground infrastructure.
For example, Gertsen
noted, NBAA has separately been engaged in litigation pending before
the U.S. Court of Appeals, District of Columbia Circuit, challenging
the settlement agreement between the FAA and the city, premised on
FAA's obligations under federal law, claiming that the agency did
not follow basic statutory requirements when it concluded the
unprecedented settlement. Should NBAA prevail, the city will be
obligated to restore the runway.
“Santa Monica
is an important airport in the national airspace system, and in
particular to southern California,” said
Stacy Howard,
NBAA Western regional representative. “Shortening the runway - which
essentially denies airport access to a variety of aircraft operators
- will have a major negative impact on area residents, businesses,
general aviation and the flying public.” |