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.”
