JSX Is Selling Tickets From Santa Monica to Las Vegas — And Activists Are Suing for California Environmental Review to Stop Them

JSX has published a schedule to fly turoboprops from Santa Monica to Las Vegas.

Santa Monica airport is the most air service-unfriendly airport in the country. They shortened the runway to 3,500 feet to block flights. And they got the FAA to agree that they can close the airport entirely and for good after December 31, 2028. Local activists do not want flights near them.

Santa Monica requires any commercial flight activity to hold a City‑issued Operations Permit. The Airport Commission considers the application and it is approved, denied, or conditioned by the City Manager. JSX got its permit. The city doesn’t want to do anything to violate its agreement with the FAA that allows it to close the airport in 3 years – and they agreed that the airport operates as normal until then.

I suggested when this service was announced that community groups could file a California Environmental Quality Act challenge.

• A CEQA exemption was filed for Santa Monica to issue its airport permit for JSX service.

• And a lawsuit demanding CEQA review was filed.

CEQA probably can’t be used to actually stop air service at Santa Monica Airport. But if the plaintiffs win they can slow it down. The goal would be to (1) delay enough so that JSX gives up, or (2) run out the clock on the airport, which is slated to close in 3 years.

Plaintiffs want to force the city to go through environmental review. Even if they succeed, federal law and the FAA consent decree that allows for the airport’s closure (and allowed the shortening of its runway) put guardrails on what the city can do even if they have to redo the process.

• The city’s position is that they are obligated under the 2017 FAA consent decree to keep the airport open through December 31, 2028 and to allow qualifying aviation uses under limited-term leases. They’re just implementing that requirement, so approval of the permit was “ministerial.”

• Plaintiffs contend that JSX’s plans significantly change operations at the airport, potentially ‘more than doubling’ jet fuel consumption there (from 30,000 gallons to 66,000 gallons monthly).

• The city says mere ministerial action, where they lack real discretion, is exempt from CEQA; that were there is no possibility of significant effects there’s no required CEQA review, and where there’s negligible change to existing facilities no review is triggered.

• However the lawsuit hinges on Santa Monica Municipal Code giving discretion on whether or not to approve applications for air carrier service (the city must assess noise, traffic and significant environmental impacts) whether or not it is permitted to exercise this discretion under federal law; (2) whether the use of the airport is materially changed by JSX service, and (3) whether JSX flights could possibly have a significant environmental effect.

Santa Monica’s published rules undercut the idea that issuing a permit is purely ministerial. But if they do more than box-checking they’re violating federal rules and their consent decree with the FAA. In practice the permit is a ministerial action, but a court could say otherwise.

Regardless, the airport is already active with jets, turboprops, training, fuel delivery, and ground access. There is no new runway or terminal being built. JSX is just another aviation tenant using existing facilities and operating under strict noise limits and night curfew that applies to everyone. The notion that service operates on a schedule isn’t really material, even though plaintiffs try to distinguish it that way (as a qualitatively different use).

The lawsuit should not succeed, but that doesn’t mean that a Los Angeles Superior Court judge won’t rule otherwise. What the judge can do is set aside the approval, and order Santa Monica to do an initial environmental study, potentially prepare an environmental impact report, etc. In other words,

1. drive up the cost
   
2. force delay of a year – or more if they can trigger an environmental impact report
   
3. run out the clock

The California Environmental Quality Act, like the National Environmental Policy Act, is used to drive up the cost and delay development of all kinds (including environmental projects). It’s a key reason that the United States, and California, take so long to build and building has become so costly.

The law doesn’t allow for new noise curfews, slot caps, or aircraft bans at the airport. It just forces consultants, paperwork, and time before issuing a permit for an acceptable use, consistent with current uses of the airport.

What the plaintiffs want here is a temporary restraining order to delay service, then a paperwork exercise to delay it further. This isn’t about environmental review – it’s about running out the clock because the FAA has already agreed to let Santa Monica close the airport, even though closure would have allowed the property to revert to federal government control.

After World War II, the federal government handed Santa Monica back the airport in 1948 using an Instrument of Transfer under the Surplus Property Act. That document said the property had to be used “for public airport purposes for the use and benefit of the public” and contained a clause that said that if the land stopped being used as an airport, title could revert to the United States. The City formally accepted those conditions. But it didn’t want to keep up that bargain, the feds let them off the hook.

Santa Monica Municipal Airport was home to the Douglas Aircraft Company, and their DC-1 through DC-7 aircraft were built there. The airport was where the first plane to circumnavigate the world took off from and landed in 1924. During World War II it was disguised as a fake town to throw off enemies who might wish to bomb it.

Now the city plans to turn it into a very big park. But that plan is subject to… the California Environmental Quality Act – probably a five year review effort.