Planes 'to reset climate targets'
The UK may have to cut emissions of greenhouse gases by 90% by 2050 so the aviation sector can continue to grow. That is the warning from the government's official climate advisers, the Climate Change Committee (CCC).

It would mean even bigger cuts than the 80% drop on 1990 levels already planned for households and industry in Britain. But the committee also says global aviation emissions should be capped during the forthcoming Copenhagen climate talks. The committee was asked by government to advise on what should be done about emissions from aviation.

In a letter to the Transport Secretary Lord Adonis and the Climate Secretary Ed Miliband, the committee says the aviation industry will have to cut emissions from planes back to their 2005 level by 2050. That is much more permissive than the overall UK target of cutting emissions 80% on 1990 levels by 2050.

The failure of aviation to play its full part could mean that the rest of the economy has to reduce its emissions by 90% instead of 80%. This 90% target is so ambitious that it might be easier for some sectors to make the leap to zero carbon emissions rather than trying to whittle down pollution decade by decade. And some analysts think this might be an easier and cheaper approach than reaching a 90% cut in stages.

The options

The committee members see alternatives.

Planes, they say, might use biofuels or aviation might cut emissions below 2005 levels through new technology.

Plane operators might also be able to buy emissions permits in international emissions trading.

But all of these options carry difficulties of their own. Biofuels compete with crops for land and are already in demand for fuelling cars.

And it looks to be a huge task for aviation to restrict emissions to 2005 levels, even without trying to go further.

And the emissions trading system in which rich countries pay poor ones to clean up their pollution may prove to be a stop-gap solution which could be defunct by 2050.

The CCC's recommendations are designed to reduce aviation emissions in line with a global reduction in emissions of all greenhouse gases of 50% by 2050. It says that, if left unchecked, global aviation could account for 15-20% of all the manmade CO2 produced in 2050.

The committee advises that:

All CO2 emissions from aviation should be capped, either through a global aviation deal or by including international aviation emissions in national emission reduction targets;

Any international agreement to reduce emissions should be no less than the EU's target of a 5% reduction in net emissions from 2013-2020;

Emissions allowances for aviation in the EU emissions trading scheme, says the CCC, should be fully auctioned to prevent windfall profits for airlines;

Funds should be found for radical innovation in engine, airframe and fuel echnology;

Additional non-CO2 gases from aviation are contributing to global warming. The effects of these should beaddressed within a global deal on aviation.

The CCC's Chief Executive David Kennedy said: "It is vital that an agreement capping global aviation emissions is partof a Copenhagen deal.

"We are calling for a cap that would not require people to fly less than today, but would constrain aviation emissions growth going forward." The right-leaning think-tank Policy Exchange recently proposed that world production of sustainable biofuels should be diverted from cars to planes in order to overcome the lack of current breakthrough technologies in aviation.

By Roger Harrabin
BBC Environment Analyst
  Airspace Redesign Update
Dear Friends and Elected Officials,

Michael Kelly is the Managing Partner of the firm's Delaware office and was retained by State Senator Catherine Cloutier to represent the interests of residents living in Northern Delaware. We thank Cathy and the McCarter team for all of their hard work Please stay tuned as we learn more about the FAA plans to redesign the Class B airspace in and around the Philadelphia Airport.

Stephen Donato


Attached is a Request for Rehearing that was filed yesterday in the D.C. Circuit Court of Appeals. The Request asks the Court for a rehearing of the Court's June 10 decision denying our petition. The Request was filed by 3 (of the original 11) co-petitioners and presents the following arguments in favor of a rehearing:

(1) The June 10 decision overlooks the Supreme Court's decision in Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971) regarding FAA's responsibilities under Section 4(f) of the DOT Act of 1966, 49 USC Sec. 303(c).

(2) The Court misapprehended the law of waiver in this Circuit and the overlooked important facts in the record in holding that Petitioners had "forfeited" their claim that FAA had failed to adequately consult with state and local park officials regarding "at least 236 properties that petitioners say may be affected . . .because "no one raised it during the administrative proceeding."

(3) The Court's decision misapprehended public participation requirements of the National Environmental Policy Act ( NEPA), 42 U.S.C. 4321 et. seq. and overlooked the decisions of this Circuit regarding the rule of prejudicial error in holding that the FAA was not obligated to allow for public comment on important noise impact analysis only first released with the September 5, 2007 Record of Decision (ROD).

(4) The proceeding involves issues of exceptional importance to the public affected by the redesign project because panel excused the FAA's failure to comply with important procedural protections under Section 4(f) and NEPA depriving the 30 million people living in the 31,180 square miles of the five affected states from fully participating in a decision that affects the noise they experience and the parks they enjoy.

I will send you the FAA's and Court's responses when I receive them. Please forward this to anyone I may have left out of this email.


Theodore Annos // Associate
Renaissance Centre, 405 N. King Street, 8th Floor // Wilmington, Delaware 19801
Direct: 302-984-6317
Fax: 302-220-4610 //
  FAA Airspace Redesign Oral Argument -- Monday, May 11, 2009
Dear Friends and Elected Officials,

Please see commentary below sent from McCarter & English, LLP. Michael Kelly is the Managing Partner of the firm's Delaware office and was retained by State Senator Catherine Cloutier to represent the interests of residents living in Northern Delaware. We thank Cathy and the McCarter team for all the hard work they have done for all of us who have not had voice in this process until they got involved. If you are interested in attending the hearing please see the attached PDF of the train schedule for the morning of the 11th.

Stephen Donato


A reminder that oral argument for our consolidated appeal of the FAA's Airspace Redesign is scheduled for Monday, May 11 at 9:30 at the courthouse for the U.S. Court of Appeals for the District of Columbia Circuit, 333 Constitution Ave NW, Washington, DC. The argument will last approximately one-hour, with each side getting 30 minutes to address the following three issues that were raised in our briefing: (1) NEPA; (2) Section 4(f), 49 U.S.C. sec. 7506; and (3) Clean Air Act, 42 U.S.C. sec. 750. Those issues will be argued in that order per the court's instruction.

Getting to this point and the process for this complex and multi-state, multi faceted appeal has been arduous. As you are all aware, this appeal involves thousands of constituents across five states. Many of the petitioners have positions that are aligned with ours for purposes of challenging the FAA's Record of Decisions regarding the airspace redesign. To that end, the court determined to limit the time of the appellant arguments on the issues as a whole to 30 minutes. Further, the Court has decided that in the interest of time and coherence, it will not permit all 40 of the lawyers involved to make an argument. Simply, the Court, and the global committee, with the Court's guidance, have selected three individuals to present argument to the Court. At the Court's direction, these decisions were guided by the size of the geographic area represented, the complexity of the issues presented by a particular area, and the knowledge that no argument on behalf of any petitioner would be waived merely because each and every argument had not been addressed orally in Court. Unfortunately, not only for us, but for the co-petitioners as a whole, Mike will not be arguing. Presenting oral argument on Monday on behalf of all petitioners will be as follows:

1. Attorney General for Connecticut, Richard Blumenthal - AG Blumenthal will be making the NEPA argument. He is a five-term Attorney General, and a former state Senator, state Representative, and U.S. Attorney. He has argued several cases before the U.S. Supreme Court and the court that we are presently before. You can view his bio at:

1. Larry Liebesman - Larry will be making the Section 4(f) argument. He is a former FAA lawyer, and has practiced before the appellate court in DC for close to 40 years. Larry represents Rockland County NY, and all its constituency including certain nature preserves.
You can view his bio at:

2. Barbara Lichman - Barbara will be making the Clean Air Act argument. She is an attorney who specializes in aviation issues. She has argued many of these cases nationwide. She represents Delaware County, and for purposes of our appeal here, their position is aligned precisely with ours. She will mention our case specific issue, historic preservation, during her argument.
You can view her bio at:

If any of you are planning to attend, I would suggest getting there early as there is limited seating. The courtroom itself probably won't open until around 9:00, but I'm sure it's going to fill up quickly.


Theodore W. Annos // Associate
Renaissance Centre, 405 N. King Street, 8th Floor // Wilmington, Delaware 19801
Direct: 302-984-6317
Fax: 302-220-4610 //

  The Song Remains the Same?
Happy Holidays,

The U.S. Army Corp of Engineers has reopened the comment period to deepen the Delaware River shipping channel by 5 ft.

The comment period was opened Dec17. and closes Dec. 31? Even the FAA and the FERC gives 90 days to comment on large federally funded projects that need to permitted in accordance with NEPA. Assuming you have been a subscriber to this list for sometime you are probably asking what does the deepening have to do with PHL operations or expansion? Well a large portion of the spoils from the proposed deepening project will be used to fill in the 25 acres required to add the third 9100 ft. runway at PHL. If the new runway is approved the airport will have to possibly build new dredge disposal facility for the corp, new FAA control tower, and UPS . How Cozy!!

It has also been reported that Delaware environmental officials from have been in contact with the Army Corp. and the subject of these meetings have not been made public. We are requesting that Army Corp extend the comment period for at least 90 days, hold a series of public meetings to review the revised information with the general public, and release and make public all correspondence with Delaware environmental officials in the past 90 days. Delaware River Keeper recent press release.

Comments should be directed to: Mr. Minas M. Arabatzis, ATTN: Environmental Resources

Branch, U.S. Army Corps of Engineers, Wanamaker Building, 100 Penn Square East, Philadelphia, Pa. 19107-3390.

Stephen Donato
  What is and what should never be - Comment period ends Nov. 10th , 2008

Dear Friends and Elected Officials,

With all of the attention that has been focused on the recent release of GAO audit of the NY/NJ/PHL Airspace Redesign it seems the media has overlooked the fact the FAA plans to hold another round of public meetings to outline the release of a DIES for the Philadelphia Airport Capacity Enhancement Program (PHL-CEP.) The meetings, which will be held four of five nights next week will discuss the DEIS and public hearings for official public comment are scheduled for October. In fact, Tuesday's scheduled meeting for Delaware will be held on primary election night. Which most likely will keep many of Delaware's public officials away and unable to attend. It is also puzzling how the FAA can continue with permitting the CEP since briefs challenging the Airspace Redesign's NEPA process were just filed on the 25th of August.

See snip from PHL-CEP website below:
"The Federal Aviation Administration (FAA) has revised the schedule for issuance of the Philadelphia International Airport (PHL) Capacity Enhancement Program (CEP) Environmental Impact Statement (EIS) so that they can update the baseline condition and analysis of potential cumulative impacts to reflect the FAA’s recent decision approving the NY/NJ/PHL Airspace Redesign Project."

So with the upcoming elections to be held in November maybe it is time for the media not to focus on who is the "rock star" candidate or what candidate's child is having a baby. Maybe it is time for all to start asking our elected officials why was the GAO audit delayed until after briefs had to be filed? Why is the permitting for CEP moving forward as the airspace litigation is still pending ? Please attend a public meeting in your area and remember to also submit comments at the public hearings in October.

Stephen Donato

Schedule: Information Session

6:00 PM: Doors open, project posters available for viewing and EIS team available for questions.

7 - 8 PM: Presentation

8 - 9 PM: Question and Answer Session

Please note: Times and meeting content at each meeting will be the same.


Monday, September 8, 2008 6:00 – 9 PM
Tinicum School, gymnasium
91 Seneca Street
Essington, PA, 19029

Tuesday, September 9, 2008 6:00 – 9 PM
Hanby Middle School, auditorium
2523 Berwyn Road
Wilmington, DE 19810

Wednesday, September 10, 2008 6:00 – 9 PM
Eastwick at the Meadows
6630 Lindbergh Boulevard
Philadelphia, PA 19153

Thursday, September 11, 2008 6:00 – 9 PM
Paulsboro High School, auditorium
670 North Delaware Street
Paulsboro, NJ 08066

Schedule: Public Hearing

6:00-7:00 PM Doors open, project posters available for viewing and EIS Team available to answer questions.

Public Hearing: 7:00-9:00 PM


Monday, October 20, 2008 6:00-9:00 PM
Hanby Middle School, auditorium
2523 Berwyn Road
Wilmington, DE 19810

Tuesday, October 21, 2008 6:00-9:00 PM
Paulsboro High School, auditorium
670 North Delaware Street
Paulsboro, NJ 08066

Wednesday, October 22, 2008 6:00-9:00 PM
Tinicum School, gymnasium
91 Seneca Street
Essington, PA 19029

Thursday, October 23, 2008 6:00-9:00 PM
Eastwick at the Meadows
6630 Lindbergh Boulevard
Philadelphia, PA 19153

GAO Report On Airspace Redesign Incomplete
  PHL Noise Compatibility Program Update Study Community Workshops
Please see forwarded information below regarding the Part 150 update meetings that are to be held this week. I would also like mention that the 17-35 extension is scheduled to be opened this year and Capacity Enhancement meetings are to be scheduled for this fall.

RNP SAAAR – RF Turns (pictured above) used for approaching aircraft noise abatement.

Regarding the Airspace Redesign. We finally have a briefing schedule. Opening briefs are due on August 1. The "Joint Petitioner Group" is dividing up each of the many subject matters of the appeal. So as you can see things are going to be heating up this summer. Please stay tuned.

Stephen Donato

-------- Original Message --------
Subject: PHL Noise Compatibility Program Update Study Community Workshops

You are receiving this email because you provided your email address when you signed in at the first PHL Noise Compatibility Program Community Workshop in November 2007.

Attached is a flyer about five upcoming Community Workshops we have scheduled for this important study. Please forward it along to any individual or group that you think may be interested.

Meeting dates and locations are as follows. All meetings will be held from 6:00 pm until 8:00 pm and are in an open house format.

Date Location
Tuesday, June 17, 2008 Paulsboro Volunteer Fire Association
1502 Swedesboro Ave.
Paulsboro, NJ
Wednesday, June 18, 2008 Tinicum School
First & Seneca Streets
Essington, PA
Thursday, June 19, 2008 Claymont Community Center
3301 Green Street
Claymont, DE
Tuesday, June 24, 2008 Cherry Hill Public Library
1100 Kings Highway North
Cherry Hill, NJ
Wednesday, June 25, 2008 Mercy Wellness Center
2821 Island Avenue
Philadelphia, PA

Philadelphia International Airport: Still Sucking After All These Years
  Specter to hold airspace hearing Friday April 25 at Constitution Center
I wonder if any emissions data will be provided to Senator Specter and Mayor Nutter? See agenda and 17-35 DEIS emissions data below. The reality is PHL is one the largest single point source producers of hazardous air pollutants in the region. Yet FAA continues to permit new gates and runways. In fact, EPA or local DEP can not regulate emissions or control growth at any airport in the USA. The hearing is scheduled for 11 AM and is open to the public. Please attend if you have the time. Paid parking is available at the Holiday Inn on 4th Street or at the underground garage on 5th.

Stephen Donato

Hazardous Air Pollutants (HAPS) Short tons per Year Philadelphia International Airport
From 17-35 DEIS


2003 2007 Alt. 1 Increase from 2003 2015 Alt. 1 Increase from 2003


30.1 74.4 148% 122.4 306%

9.3 22.9 147% 37.6 304%

12.8 19.4 52% 26.3 105%

18.8 21.2 11% 22.5 12%

3.9 10.5 169% 17.7 353%

4.5 9.7 115% 15.5 240%

14.3 16.8 15% 18.8 23%


1.1 2.7 60% 4.4 300%

2.1 4.9 57% 8 300%

4.3 5.2 17% 5.9 37%

0.9 2 55% 3.3 267%

3.6 3.9 8% 4 5%

7.3 7.5 3% 7.2


113 201.1 78% 293.6 160%

Aircraft Operations

445,967 528,400

18 % percent increase in capacity means over 78% increase in hazardous air pollutants for 528,000 operations
38 % percent increase in capacity means over 160% increase in hazardous air pollutants for 616,000 operations


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Petition seeks curbs on aviation emissions
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Stop the Noise --
The word Noise, on the other hand, is derived from the Latin word, noxia, meaning injury or hurt. It is defined by the National Institute of Public Health as being "Any sound - independent of loudness - that may produce an undesired physiological or psychological effect in an individual and that may interfere with the social ends of an individual or group." | Effects of Noise on Children's Learning and Health -- Claire Matz

Editorial : No Change In Airnoise --
By FAA definition, we do not have a noise problem... Like other Federal agencies, the FAA is beyond control. Unless and until Mr Castle, Mr Carper, and Mr Biden get together enough support to withhold significant funds from the FAA, they will ignore us. | The Brandywine Community News, DE - April 7, 2003

Residents Ask FAA For More Information --
Gail Van Gilder, of Delaware Greenways, said the FAA already has their minds made up to approve the expansion. She said they need to answer questions from an air noise study conducted in December 2001.| The Brandywine Community News, DE - August 23, 2003

Editorial : Philly’s Airport ; Delaware County’s Problem--
It’s called Philadelphia International Airport, but, truth be told, Delaware County has greater claim to the name. | The Delaware County Times, PA - Mar 10, 2004

West Deptford residents raise noise over runway expansion --
Most homes would be impacted by the noise and air pollution. During the FAA reauthorization last year, Lautenberg and the NJ delegation...

Cheap Air Fares Land In Philly -
It's summer, it's humid and you have vacation days to spare. You're ready for a getaway but, unfortunately, your wallet isn't. Out of luck? ...| The Delaware County Times, PA - Mar 8, 2004

In Depth: Proposed changes at Philadelphia International may have a far-reaching impact on Delco. -
The study into the possible expansion of Philadelphia International Airport may still be in its formative stages, but that doesn’t prevent the controversy surrounding such an idea to continue to evolve. | The Delaware County Times, PA - Feb 23, 2004

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