City Appeals FAA’s Decision Invalidating Ordinance That Prohibits C&D Aircraft From Using Santa Monica Airport

October 21, 2009

The City Attorney’s Office has filed an appeal of the FAA’s administrative decision striking down the City’s ordinance banning category C&D aircraft from using the Santa Monica Airport, based on safety considerations.  Council directed that the appeal be filed in the United States Court of Appeals in Washington, D.C.

That court was chosen because the agency is located there, and that appeals court has significant experience reviewing the work of federal agencies, including the FAA.

The issues on appeal are whether the agency acted arbitrarily and capriciously in determining that the ordinance unjustly discriminates between categories of aircraft and in refusing to recognize the City’s proprietary power to adopt reasonable access restrictions to protect safety.   The case will not be heard and decided by the court until next year.