|As of November 18, 2015 The Third District Court of Appeals DENIED
the FAA/US Attorney's motion for summary affirmance of the
District Court's dismissial of our National Environmental Policy
Act (NEPA) lawsuit against the FAA. The court did not issue an
opinion explaning its denial. The court directed that on or before
December 28 that we file our initial brief on the merits of our appeal
seeking to overturn the District Court's dismissal of our complaint
to compel the FAA tp file and environmental impact statement (EIS)
focused on mitigation of the noise impacts of the Frontier Airlines
quantum expansion of service at Trenton Mercer Airport (TTN) far
beyond the normal two flights per week that the FAA approval was
sought and granted.
As of July 2, 2015 Memorandum brief filed with the 3rd Circuit Court of Appeals responding to and opposing the motion filed week of Jun 22, 2015 by the FAA for "summary affirmance" of the District's Court's order dismissing the complaint. This summary essentially questioned whether any substantial questions necessitating a full brief is required or proper. BRRAM certainly has mutiple questions that are warranted.
As of June 6, 2015 BRRAM files appeal 3rd District Court of Appeals in Philadelphia against the FAA to require EIS.
As of May 22, 2015 Judge finds in favor of FAA that proper notification was done.
As of May 8, 2015 Hearing of suit in District Court, Judge Sheridan presiding. BRRAM et al vs. FAA. BRRAM counsel provided information that airport operating without authorization.
As of January, 2015 BRRAM files suit in District Court in Trenton.
As of November 6, 2014 Yardley Borough Council votes to join BRRAM's Lawsuit against the Trenton-Mercer Airport.
As of October 10, 2014 Upper Makefield Township Board of Supervisors votes to join BRRAM's Lawsuit against the Trenton-Mercer Airport.
As of September 17, 2014 Lower Makefield Township Board of Supervisors votes to join BRRAM's Lawsuit against the Trenton-Mercer Airport.
As of April 28, 2014 BRRAM files Lawsuit in US District Court.
On Monday, April 28, 2014, Bucks Residents for Responsible Airport Management (BRRAM) along with several individuals residing in Pennsylvania and New Jersey, filed a lawsuit in the US District Court in Trenton, NJ, against the Federal Aviation Administration (FAA), Mercer County Board of Chosen Freeholders and Frontier Airlines.
The summary of the lawsuit states that the FAA has failed to perform a comprehensive environmental impact analysis mandated by the “National Environmental Policy Act” (NEPA) through the preparation of an Environmental Impact Statement (EIS), prior to authorizing the owners and operators of the Trenton Mercer Airport (TTN), the Mercer County Board of Chosen Freeholders(Board), to initially approve and authorize the use of commercial scheduled passenger jet service; to authorize and expand commercial scheduled passenger jet service by any and all previous carriers and authorize and expand commercial scheduled jet service by current carrier, Frontier Airlines.
BRRAM and other plaintiffs are not seeking to close the airport, rather, that the defendants obey the laws. The plaintiffs are asking the court to compel the FAA and the Board to comply with NEPA and prompt the commencing an EIS review process and to curtail expansion of Frontier Airline passenger service at TTN until such time as an EIS is prepared, subjected to public hearing and comment, and duly adopted, with emphasis on noise impacts and needed mitigation measures.
For constructive inquiry or comments please email:BRRAM.email@example.com.
As of October 31, 2013, BRRAM filed a letter of inquiry with the FAA Eastern Regional Administrator, Jamaica Plain, New York. This letter of inquiry refers to earlier 2013 correspondence between BRRAM’s counsel and the FAA. BRRAM’s most recent letter clearly sites that the FAA must comply with the National Environmental Policy Act (NEPA) by promptly commencing with the execution of an Environmental Impact Statement (EIS) that addresses the full range of impacts from commercial airline activity in the region. The extensive letter clearly outlines with specific examples, the cause and need for an immediate EIS and sites the FAA’s references to the need to comply. Specifically the letter sites the following issues and provides significant factual support:
1) Major airport and terminal enhancement projects with Federal participation and approval. These enhancements are authorized for facilities that comply with NEPA. TTN does not. Factual citations are provided that outline these inconsistencies.
2) Frontier Airlines current Low Fare/High Frequency (LF/HF) level of service and projected increase with at least 47 flights/week with projected increase flights. This projected increase in service clearly triggers the need for an EIS
3) FAA order of 2008 requires the FAA to prepare and EIS and complies fully with NEPA that clearly states if another LF/HF were to be introduced to TTN, this would trigger an immediate EIS. This has not happened.
BRRAM seeks the following in this letter:
1) Current airline is operating as a LF/HF airline already with TTN being the apparent hub.
2) Trenton Mercer has commenced an ambitious capital improvement program for the airport to facilitate expansion plans of Frontier
3) There has been substantial federal financial participation
4) FAA clearly ordered that EIS must be performed prior to the introduction of any LF/HF service and this has not occurred.
BRRAM is firmly requesting the following:
1) Revoke the categorical exclusion
2) Immediately commences with the necessary NEPA/EIS process and
3) Withdraw or suspends Frontier Airlines Op Specs for the airport until such time as NEPA has been fully complied with.
BRRAM Counsel will await a response within 60 days. After which additional legal action will be discussed.
What can you do? We need to support our Counsel who is representing us. Please send your tax deductible contributions payable to BRRAM to 25 South Main Street #208, Yardley, PA 19067