Tue, Jan 27, 2004
Battle Brewing Over Stage 2 Jet Ban
The Naples Airport
Authority is used to fighting it out in the name of its Stage 2 jet
ban, but this time around, a new foe may give the city a run for
its money. This time, the authority's lawyers will be facing
attorneys from U.S. Department of Justice (DOJ) in Washington,
D.C.
The Airport Authority has filed an appeal in the U.S. Court of
Appeals District of Columbia Circuit, disagreeing with the FAA's
decision this past summer. After an administrative hearing, the
agency determined the authority's decision to ban certain jets from
Naples Municipal Airport violates federal law. The FAA also
declared the authority's prohibition was "unreasonable" and in
violation of a federal law that describes the criteria used to
determine which airports receive government grants.
The Airport Authority, comprised of citizens appointed by the
Naples City Council, has already paid more than $3 million in legal
fees and studies in this case. The legal bantering all
began after the authority decided to ban older,
noisier jets from landing or taking off from the airport
because of some citizen-based noise complaints.
The Naples Daily News
reports Naples Airport Authority lawyer Joseph McMackin lawyer
seems pleased the FAA will be represented in the appeal by DOJ
attorneys and hopes the authority will have more success with them
than it had with FAA's lown egal team. McMackin also said DOJ
lawyers may be more inclined to settle a case than FAA lawyers,
particularly if they suspect a loss may be a possibility.
McMackin said federal judges are deciding whether to accept
motions by different special interest groups seeking to participate
in the appeal process. The groups include the Air Transportation
Association of America (ATA), NBAA, GAMA and the Airports Council
International-North America (ACI-NA).
This case is considered to be pivotal in setting a precedent for
Stage 2 jet bans across the country.
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