Judge’s Action Lifts Bar to Expanding John Wayne Airport

The last obstacle to expansion of John Wayne Airport was cleared Monday when U.S. District Judge Terry Hatter Jr. announced that he has signed an agreement between Orange County and Newport Beach allowing for limited new jet service over the next 20 years.

Promising to send a courtroom full of attorneys “back to the malls” in time for Christmas shopping, Hatter concluded a two-minute hearing on the airport expansion case with news that he concurs with the settlement forged after two decades of controversy.

“We’re delighted the tortuous 20 years of litigation between the county and the city is now concluded,” said Pierce O’Donnell, special airport counsel for Newport Beach. “The citizens of Newport Beach are fully protected for 20 years, and the county can get on with the business of improving the airport and providing adequate air transportation for the people of Orange County.”

O’Donnell promised that the city will “maintain eternal vigilance” to assure that the settlement’s provisions for limited airport expansion are met and will work to find another airport site to relieve passenger demand at John Wayne. “But we are now acting in a newfound spirit of cooperation,” he said.

Michael Gatzke, airport counsel for the county, said he was “pleased” with the resolution of the longstanding battles with Newport Beach. “A major part of the case is behind us,” he said.

As a result of Hatter’s judgment, which dismisses all environmental claims against the airport expansion in accordance with the settlement, the county is now free to build a new passenger terminal and related improvements to accommodate a significant increase--under terms of the agreement--in service by new-technology, quiet jets.

The agreement, which covers the next 20 years, permits enough increases in jet flights beyond the current 55 per day to serve 8.4 million passengers a year, compared to the 4.75 million now served.

However, it would permit no increase in departures flown by aircraft as noisy as the MD-80 (formerly known as the DC 9-Super 80), once the quietest passenger jet available. Those aircraft will be limited to 39 slots a day, with the remainder to be filled by quieter jets like the BAe-146 and the Boeing 737/300.

Settlement Challenged

Not surprisingly, MD-80 manufacturer McDonnell Douglas and air carriers that have made substantial investments in the MD-80 challenged the proposed settlement, claiming it violates federal law by discriminating against a certain kind of aircraft.

McDonnell Douglas also points out that operators of the supposedly quieter jets only meet the stricter noise standards by flying shorter routes or reduced passenger loads, both of which detract from the ability to fully serve Orange County.

McDonnell Douglas’ claims are only one of several issues still to be decided before Hatter in the months ahead.

None of the issues threaten to impede expansion of the airport; rather, most remaining parties are urging even more expansion. But the remaining claims involve substantial questions over the extent of the county’s ability to impose noise limits that may conflict with free use of the national airspace system.

TWA and United Airlines are challenging the county’s plan for admitting new air carriers to the airport, a plan that essentially establishes a “waiting list” on a first-come, first-served basis and offers departure slots to new airlines when other carriers give them up.

How to Slice the Cake

Both TWA and United are on the waiting list, with no openings in sight. Many carriers are warring over their positions on the list, based on who mailed their applications first.

“If you have a cake and you have 40 people at a party, what do you do? You cut up the cake into 40 equal pieces, and give everybody a piece. You don’t just give all of it to the first person in line--especially if you don’t tell anybody dinner’s on,” TWA spokesman Roger Cohen complained.

“If you’re going to have a party, you invite people . . . and the only fair way to allocate those new entries is by some kind of blind lottery or draw.”

Finally, the agreement also faces challenges by the City of Irvine, which fears that limiting service at John Wayne could increase pressure to convert the El Toro Marine Corps Air Station near Irvine to a commercial jet airport. City officials from Irvine and Newport Beach have held extended discussions over the past few weeks to resolve those concerns, however.

Action in State Court

Newport Beach officials announced Monday that they are filing papers in the Court of Appeal to withdraw all challenges to the airport expansion plan filed in state court. Should the appellate court concur, the city’s action will remove Orange County Superior Court Judge Philip E. Schwab’s ruling that the county was in contempt of court when it expanded jet flights last spring to 55 a day, violating an earlier injunction limiting flights to 41 daily.

Newport Beach airport attorney Steven Pflaum said the city also is withdrawing its appeal of a court decision several years ago allowing the county to proceed with construction of the new long-term parking lot north of the San Diego Freeway.

Concurring with the city are the two Newport Beach citizens’ groups that also signed the agreement, Stop Polluting Our Newport and the Airport Working Group.

“The litigation between the county, the city and the homeowners’ groups is over,” Pflaum said.