PHL-CAW
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
www.phl-caw.org
All:
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: http://www.ct.gov/ag/cwp/view.asp?A=2178&Q=295440
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: http://www.hklaw.com/id77/extended1/biosLLIEBESM/
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: http://www.calairlaw.com/Lichman.htm
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.
Ted
Theodore W. Annos // Associate
McCARTER & ENGLISH, LLP
mcarter
Renaissance Centre, 405 N. King Street, 8th Floor // Wilmington, Delaware 19801
Direct: 302-984-6317
Fax: 302-220-4610
tannos@mccarter.com // www.mccarter.com
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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
www.phl-caw.org
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
www.phl-caw.org
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.
Locations:
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
Locations:
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
www.phl-caw.org
-------- Original Message --------
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
www.phl-caw.org | Hazardous Air Pollutants (HAPS) Short tons per Year Philadelphia International Airport | |
From 17-35 DEIS | | | | | | | |
| | | | | | | |
| Pollutant | | | 2003 | 2007 Alt. 1 | Increase from 2003 | 2015 Alt. 1 | Increase from 2003 |
| | | | | | | |
| Formaldehyde | | | 30.1 | 74.4 | 148% | 122.4 | 306% |
| Acetaldehyde | | | 9.3 | 22.9 | 147% | 37.6 | 304% |
| Benzene | | | 12.8 | 19.4 | 52% | 26.3 | 105% |
| Toluene | | | 18.8 | 21.2 | 11% | 22.5 | 12% |
| Acrolein | | | 3.9 | 10.5 | 169% | 17.7 | 353% |
| 1,3-Butadiene | | | 4.5 | 9.7 | 115% | 15.5 | 240% |
| Xylene | | | 14.3 | 16.8 | 15% | 18.8 | 23% |
| Lead | | | | | | | |
| Naphthalene | | | 1.1 | 2.7 | 60% | 4.4 | 300% |
| Propionaldehyde | | | 2.1 | 4.9 | 57% | 8 | 300% |
| Ethylbenzene | | | 4.3 | 5.2 | 17% | 5.9 | 37% |
| Styrene | | | 0.9 | 2 | 55% | 3.3 | 267% |
| n-Hexane | | | 3.6 | 3.9 | 8% | 4 | 5% |
| 2,2,4-Trimethylpentane | | | 7.3 | 7.5 | 3% | 7.2 | |
| | | | | | | |
| | | | | | | |
| Total |
|
| 113 | 201.1 | 78% | 293.6 | 160% |
| | | | | | | |
| Aircraft Operations | | | 445,967 | 528,400 | | 616,000 | |
| | | | | | | |
| 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 |
| | | | | | | |

Petition seeks curbs on aviation emissions
The Air Transport Association (ATA) claims of emission reduction is contradicted by Tyndall Centre for Climate Change and FOE Europe in recent reports. The EU and FOE predict that by 2030 in the most pessimistic scenario, all available emission credits in the European Emission Trading Scheme (EU ETS) will need to be purchased by the aviation industry.

The Clean Air Association of the Northeast States (NESCAUM) study of 2003 states that in the period between 1970 and 1998, while all industry and automobile emissions increased by only 3% or less overall, aviation emissions rose by 133% in the same time period.
EPA certifies new aircraft engines by standards set by the industry. Aircraft emissions emitted at the nation's airports are not regulated, monitored or controlled by EPA or any other agency delegated responsibility by EPA in individual states. FAA cites safety and freedom of international commerce clauses to obfuscate their responsibility to the American Public to protect public health and the environment.
Airport sponsors and their consultants lie to the public about the true effects of their operations. EPA needs to take a proactive role NOW to curb the industry mindset of more is better, expansionism at all cost, free flight and the like since the deleterious environmental effects of aviation are already beyond a tolerable limit.
EPA has shirked its responsibility by turning a blind eye to the lies and rhetoric of FAA and airport sponsors in their expansion programs and justification in purpose and need by claiming increased operations with or without projects.
Thank you to Jerry Brown and the Friends of the Earth South Coast Group for continuing to address this critical issue.
Debi Wagner
US - Citizens Aviation Watch
_____________________________
Petition seeks curbs on plane emissionsThe complaint says aircraft account for 12 percent of carbon dioxide emissions from U.S. transportation sources and 3 percent of the nation's total such emissions. The United States is responsible for nearly half of worldwide carbon dioxide emissions from aircraft. Aircraft emit other chemicals, and together the pollution has a greater global warming impact than if the emissions were at ground level. The Federal Aviation Administration expects domestic aircraft emissions to rise by 60 percent by 2025, according to the petition.
Labels: EPA, FAA, Global Warming
Some Kind of Monster - NY/NJ/PHL Airspace Redesign Litigation Update
A conference call was held Thurs. evening (Nov. 8.) at 6:30pm with the Federal Aviation Administration (FAA) and Department of Justice (DOJ) attorneys and representatives from parties that have filed appeals challenging the NY/NJ/PHL Airpsace Redesign Project. Eleven of appeals have been filed in the various federal circuits. A majority of the appeals were filed in the
3rd Circuit. The FAA is trying to consolidate the airspace redesign appeals and have all of them heard in the
DC Circuit. No party has yet to oppose the motion to consolidate. The Delaware parties plan to oppose the change of venue as they believe the 3rd Circuit is a more favorable forum for Delawareans.
PHL Capacity Enhancement Program UpdatesPhiladelphia airport officials announced in June that the PHL Capacity Enhancement Program (CEP) Environmental Impact Statement (EIS) will be delayed for one year pending airspace redesign deliberations. Also mentioned by PHL and DVRPC officials that better highways, rail and diversion of flights to regional airports could also reduce demand. The Capacity Enhancement Program website still has not been updated with this most recent information.
Images above: RNP routes used for noise mitigation into Reagan National (DCA) over Potomac River and JFK 13L.PHL Part 150 Study UpdatesPublic notification has not been adequate. PHL says they want the community’s involvement, yet they do very little to notify communities in advance about important meetings. Two meetings were held this past week in Delaware and New Jersey regarding the Part 150 Study (see below for additional information).
The following information was taken from Part 150 website..A Part 150 Study is a voluntary process initiated by an airport to develop, evaluate and recommend actions that an airport, local municipalities, airlines, and/or the Federal Aviation Administration (FAA) could take to help reduce the impact of aircraft noise in communities surrounding an airport. Since the airport has experienced changes in the number and type of aircraft operating at the airport, as well as the current extension of Runway 17/35 and the potential operational changes that may occur due to the FAA’s airspace redesign project; the Division of Aviation is implementing this recommended measure by conducting this update.Inquiries were made about this study via email to PHL officials back in August as the Part 150 study was mentioned in airspace redesign comments from the FAA. Very little information was received in return from PHL. Meeting dates were not provided at that time and were not forwarded after they had been scheduled. In closing, a little bird has told me that FAA has released an ATC draft and is already starting to make airspace changes around PHL. From what I understand they could go into effect as early as 12/12/07.
Stephen Donato
www.phl-caw.org
Being defeated is often a temporary condition. Giving up is what makes it permanent.
______________________________
Southwest Airlines commits to fleetwide RNP capability
Wednesday May 9, 2007
Nevertheless, Southwest is the largest airline to commit to RNP capability across its entire fleet. Alaska Airlines, which pioneered the development of RNP procedures, previously had made the same commitment. Blakey said 37 RNP approaches currently are available at 17 airports, with an additional 34 scheduled to be in place by year end and another 25 published next year. Delta Air Lines Executive VP-Operations Joe Kolshak was on hand to detail the benefits performance-based navigation has brought to his carrier. DL received approval in March for its 737-800s to fly RNP approaches, joining Alaska Airlines, Horizon Air and Continental Airlines, and ATL has been RNAV-equipped since FY05.
Specter likens US Airways' Pennsylvania plans to 'extortion'Labels: Airspace Redesign, Capacity Enhancement Program, CEP, Part 150 Study