Airports
Airports Council International-NA Files Brief in SMO Grant Issue
The amicus brief raises the question of whether the FAA is allowed to retroactively change the rules regarding grant agreements.
Airports Council International-North America is questioning the FAA's decision that an amendment to a grant allows the FAA to extend the city of Santa Monica's obligation to keep its airport open. (Photo: Matt Thurber)
Airports Council International-North America is questioning the FAA's decision that an amendment to a grant allows the FAA to extend the city of Santa Monica's obligation to keep its airport open. (Photo: Matt Thurber)

On December 23, the Airports Council International-North America (ACI-NA) filed an amicus brief in support of the city of Santa Monica’s efforts to contest an FAA decision affecting Airport Improvement Program grant terms at the Santa Monica Airport (SMO). The brief outlines a key issue in the FAA Final Agency Decision in August that requires the city to keep SMO open until 2023. The issue was whether the city was obligated, under the standard 20-year term resulting from a grant obtained in 1994 and later amended in 2003, to keep the airport open until 2014 or 2023. The FAA decision determined that the city was obligated until 2023, and that the amended grant reset the 20-year clock.