CAA: GA News, "AOPA's suit vs. FAA will have far-reaching implications for our nation's airports"

["Stephen Irwin" <stepheni@cwnet.com>]

Friday, June 9, 2000

AOPA’s suit vs. FAA will have far-reaching implications for our nation’s
airports
GA News


WASHINGTON, DC — An AOPA lawsuit against the FAA will be heard in Federal
Appeals Court June 13 and, if successful, could make it more difficult for
communities to close airports that have accepted federal aid.

AOPA is challenging the authority of the FAA to release Kansas City,
Missouri, from the city’s agreement to maintain Richards-Gebaur Airport as
an operating airport. As reportedly previously in the Flyer, the city wants
to convert the facility into a rail/truck cargo transfer point. The court
has combined AOPA’s action with that of Friends of Richards-Gebaur, which
challenges the FAA’s acceptance of the environmental impact process.

Both cases are entangled in a web of legal and legislative issues. Until
1985 the facility was a U.S. Air Force base. Under the Surplus Property Act,
it was turned over to the city to be used as a public airport. The act calls
for the land to be returned to the federal government if the recipient does
not continue it as an airport. However, there are two loopholes in the law.
The land does not have to be returned if the facility no longer serves a
purpose and if it is not necessary for the advancement of civil aviation.
AOPA argues that these loopholes do not apply in this case.

Kansas City doesn’t want to close the facility entirely, just remove the
aviation part. It wants the FAA to release just two parcels of land: the two
that constitute the runway. That, of course, means the land cannot be used
as an airport. What is left would be converted into a rail/truck transfer
point. AOPA says the contract has a built-in release date — 20 years after
the city accepted more than $8 million in federal grants for the airport,
including $1.26 million just four years ago.

Bill Dunn, AOPA vice president for regional affairs, said the association’s
legislation research has found no FAA authority to release the community
from its contract. Legislation relating to airport grants, he said, enables
the FAA to enter into negotiations and to modify the contracts, but does not
give authority to forgive obligations.

In addition to AOPA and Friends of Richard-Gebaur Airport, several other
entities are involved in the suit. Coming in on the side of those opposing
the FAA is the city of Grandview, a Kansas City suburb, where the airport is
located. The FAA Central Region legal office has help from its headquarters
staff. The Department of Justice also defends the FAA. The FAA refuses to
comment on the suit, because the issue is in court.

AOPA recognizes the high-powered opposition but is not intimidated by it.
“We have right on our side,” said Kathleen Yodice, AOPA’s legal counsel.

However, right does not always count in matters against the federal
government. In situations like this, parties in power in Washington do not
want to alienate local politicians, so they frequently knuckle under to
requests. Courts in the past have been reluctant to decide against the FAA.
Yodice had filed a 163-page brief, arguing why the FAA’s decision to let the
city out of its contract is overstepping the agency’s authority and can lead
to more closures. Bader Field in Atlantic City and Meigs in Chicago are just
two of the several currently threatened airports where cities want out of
their sponsor’s agreement.

As important as AOPA considers Richard-Gebaur Airport, the lawsuit has broad
implications, Dunn said. It is essential, he added, that the nation’s
airports be protected from capricious closings any time the airport land is
coveted for another purpose. AOPA hopes the case will set a precedent that
can be applied to other localities.

Whichever way the Appeals Court decision goes, this will not be the end. The
losing side is almost certain to appeal the decision to the Supreme Court.

Ultimately, the decision of whether the FAA can manipulate the federal
grant-in-aid program to respond to the whims of communities might have to be
resolved by Congress.


   Post your opinion on this story in the CAA General Aviation Forum
http://www.californiaaviation.org/cgi-bin/dcforum/dcboard.cgi?conf=DCConfID2

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