Thursday, February 28, 2008

Airport Construction Stay Lifted

Airport Construction Stay Lifted
Tuesday, January 29, 2008
Excerpts by Ed Offley, News Herald
PANAMA CITY A federal appeals court in New York has cleared the way for construction to begin in full at the new Panama City-Bay County International Airport, officials announced Monday. “This is a red-letter day for the airport,” said Airport Authority Vice Chairman Bill Cramer upon receiving news of the decision just before an Airport Authority’s regular meeting Monday morning. The ruling by the three-judge panel for the 2nd Circuit Court of Appeals in Manhattan was filed late Friday, just two days after the judges heard oral arguments on an attempt by three organizations to appeal the Federal Aviation Administration’s record of decision in late 2006 approving the new airport. The Natural Resources Defense Council, Defenders of Wildlife and Friends of PFN, a local pilot’s organization, challenged the FAA decision on grounds that construction of the airport would cause irreparable damage to wetlands. The panel’s decision vacates an eight-week stay on construction imposed by Judge Richard C. Wesley on Nov. 29. It later was amended, allowing limited site-prep construction in non-wetland areas. In their decision Friday, Judges Robert D. Sack, Robert A. Katzmann and Reena Raggi cited a previous appeal decision involving a federal agency: “Four criteria are relevant in considering whether to issue a stay of an order … pending appeal: the likelihood of success on the merits, irreparable injury if a stay is denied, substantial injury to the party opposing a stay if one is issued, and the public interest.” “Having reviewed the briefing on appeal and the administrative record before the agency, and having heard oral argument on the merits on January 23, 2008, we now conclude that these factors balance in favor of the respondents,” the judges added, referring to the FAA. “Accordingly, we hereby vacate the stay of enforcement of the FAA ROD (record of decision).” Although the stay on the FAA decision has been lifted, airport officials said they still need to receive confirmation from the U.S. Army Corps of Engineers before commencing construction. When Wesley issued the interim stay, the corps, as a matter of procedure, suspended the Section 404 permit it had granted the airport. Airport Authority Chairman Joe Tannehill said Monday the authority and corps officials already were discussing the matter. News of the court’s quick decision came as a pleasant shock to airport officials who had girded themselves for a wait of weeks, and possibly months. Airport Director Randy Curtis said he received a telephone call shortly after 8:30 a.m. from the Airport Authority’s Washington attorney informing him of the decision. “This is great,” Curtis beamed. “This decision represents a major step forward for the airport.”

No comments: