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The following two documents are related to the most recent
lawsuit that was decided in October, 2001.
Plaintiffs' atorney, Andrew R. Henderson explains that the following position
paper was written because the Plaintiffs attempted to resolve the case before trial by asking the City to curb the more air
polluting aircraft (which are invariably the jets), using the City's proprietary powers to do so. The City's deputy attorney had until then refused, and still to this day refuses, to acknowledge the City's
proprietary powers, insisting instead that such powers are "preempted" by the Clean Air Act.
Mr. Henderson says, "The position paper explains that the City's Clean Air
Act preemption argument is incorrect. The City does in fact have the powers (as
the proprietor of the Airport) to curb the air polluting aircraft. It simply
refuses to act on its powers, for reasons it won't explain."
Cole,
et al, v. City of Santa Monica (Case SC 055183)
Plaintiffs’ Position
Concerning
the City of Santa Monica’s Ongoing
Legal Right to Regulate
Aircraft Operations at Santa Monica Airport
August 17, 2000
I.
INTRODUCTION AND SUMMARY.
In recent years, the Santa Monica Airport (the “Airport”) has been used with increasing
frequency by particularly highly-polluting jet aircraft. Because residential
neighborhoods immediately surround the Airport, the pollution from such aircraft directly and unreasonably burden those who
live nearby. This situation is now the subject of a pending lawsuit brought against
the City of Santa Monica (the “City”) by nearby homeowners (“Plaintiffs”) who are, because their homes
are located at the east end of the runway, extremely and in some ways uniquely impacted by the Airport’s changing uses.
To read the full document click the following small
link.
CLICK HERE to view Position Paper
You can e-mail me your views about the document.
For the preceding lawsuit the City of Santa Monica presented the following
(FOUR DAY!)Air
Quality Study. There are many things that I could say about it, and none of them are complimentary to how the study
was done or to it's conclusions. I will put it on without further comment for now, so that you can look at
it. Again E-mail me your comments, if you like. I will be posting my thoughts about the study soon. I also hope to publish
the critiques from members of the environmental sciences.
CLICK HERE to view study
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