Judge tosses lawsuit over Trenton-Mercer Airport (KTTN) flyovers

EWING — A federal judge has dismissed the lawsuit filed against the Federal Aviation Administration arguing that flyovers from the Trenton-Mercer Airport have negatively impacted the lives of residents in three Pennsylvania towns.

In his one-page order, U.S. Judge Peter Sheridan ruled the court did not have the jurisdiction to hear the case filed by Bucks Residents for Responsible Airport Management (BRRAM), setting back the Lower Makefield, Upper Makefield and Yardley residents' quest to have the FAA review the impact of rapid flight expansion at the airport.

"It's a major disappointment but it doesn't necessarily mean that the game is over, that the contest is done," said BRRAM attorney William Potter. "We have the right to appeal and I'll discuss all options with my clients."

BRRAM now has 60 days to file an appeal with the Third Circuit Court of Appeals.

BRRAM filed suit in April 2014 in the midst of rapid expansion by Frontier Airlines at the Trenton-Mercer Airport, arguing that flyovers negatively impacted their livelihood with unwanted noise.

In the suit, Potter argued the FAA should have conducted a review and prepared an environmental impact statement considering the effect expanded use of the airport would have on neighboring residents.

The original complaint named the Mercer County freeholder board and Frontier Airlines as defendants, but Sheridan in March approved a motion to dismiss the case against them.

"We always felt that we had done nothing wrong and, as we made improvements at the airport, we went by the book," Mercer County Executive Brian Hughes said on Tuesday. "Along with the airline and the FAA, we followed all the guidelines.

"Hopefully this will put the genie back into the bottle," he said.

At a May 6 hearing, Assistant U.S. Attorney John Andrew Ruymann argued that the FAA was not required to conduct additional environmental impact studies after granting approval for Frontier Airlines to begin servicing Trenton-Mercer Airport.

The FAA's approval also allowed the airline to add as many flights as it wanted, Ruymann said.

"(Frontier Airlines) requested to add Trenton as a carrier on its operation specifications," Ruymann said. "The FAA approved that request and, per the Airline Deregulation Act, Frontier was then permitted — using their best business judgment — to increase the flights. And they've done that."

At the hearing, Ruymann argued that BRRAM's challenge of the FAA approval came well beyond the 60-day deadline and that federal law maintains it should be heard in Third Circuit Court of Appeals.

"Frontier Airlines has taken that very limited approval from the FAA and expanded it into approximately 60 flights per week over my clients' homes, schools, businesses and recreational areas," Potter said at the hearing.

Both Mercer County and Ewing officials have rallied around the recent turnaround at the airport, with freeholders recently approving contracts to sell advertising at the airport and create a "branding strategy."

The airport was briefly closed in 2013 for runway and parking lot improvements. In February, Hughes said the county was committed to replacing the airport's 48-year-old terminal.

"I want to ensure that our airport is prepared to take advantage of future opportunities and the economic impact that could result," Hughes said during his annual state of the county address. "The return on investment for our region will be huge."

Source:   http://www.nj.com