Crooked Runway
Taking back South Minneapolis from NWA

by Jim Spensley

SMAAC took major steps towards being more responsive to local communities by reorganizing itself this year. Locally and nationally, citizens groups are asking the courts to intervene in airport/air transportation matters. Here, travelers and environmentalists have a common enemy: a state government and an airport commission so intimately entangled with Northwest Airlines that most airport operations and projects benefit Northwest and the other major airlines rather than the State of Minnesota or the citizens.

There are numerus venue choices for legal action:

* MAC has not followed its own plans and rules for noise abatements and noise mitigation, and these errors can be addressed under administrative rules and laws governing how MAC or any State agency operates.

*While the Minnesota law directing the MAC to favor “Minnesota-based” airlines may be unconstitutional, the fact remains that Northwest was favored even over other Minnesota-based airlines. (The Legislative Audit Commission directed the Legislative Auditor to investigate “What has MAC done to support Northwest Airlines while trying to foster competition“ at MSP?)

* The MSP noise mitigation program, the tunnels and storm sewers, the glycol retention facilities, runway use plans, and various other aspects of expansion at MSP were documented in the FEIS and can be enforced by Federal Courts if the facts show that either process (public hearings, permit applications, schedules, etc.) or compliance is non-conforming. Minnesota law allows the public to raise these issues in District Court.

* Conflict of interest, campaign finance, and undue influence laws apply to the LAC, MAC, etc.

* Civil damage claims for airport noise will arise from studies proving frequent overflights (at much lower intensities than 60 dbA) intefere with student performance and learning and that night flights disturb sleep based on an intensity as small as 10dbA over ambient noise levels, causing health problems.

* MAC’s noise abatement and runway use plans cannot be realized without FAA systems and staffing agreement, but these agreements are not forthcoming. This is because of FAA safety standards related to peak-use conditions, safety, and cordination with FAA en route systems and operations. Even if safe use of MSP as planned could be attained, FAA may not be willing to fund the capital and operational costs, or if they do, other airports or cities may seek reviews or intervention by courts or the Department of Justice Anti-trust Division.