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The opening brief is a substantial legal document which outlines CAAP's factual and legal arguments that the city has violated State Law in approving the Airport Master Plan.
CAAP's opening brief is thirty-two (32) pages of carefully organized legal arguments with references to relevant professional treatises, statutory, and case law. The court has ordered the City of San Jose to file its opposition brief by January 21, 1998.
While the legal issues are somewhat complex, the basic underlying issue is this: does the City ot San Jose have the power to approve the maximum development of San Jose International Airport despite the fact that such a project cannot be supported by the existing infrastructure?
Put another way, can the City of San Jose approve future Airport development that will seriously worsen noise pollution, air quality, and traffic congestion for those who live in the older residential neighborhoods of San Jose and Santa Clara when other less polluting alternatives are available?
CAAP has raised a serious legal challenge to the City's Airport Master Plan. While no one can predict the ultimate outcome of this litigation, the City of San Jose is on notice that CAAP's lawsuit is serious business.
For those readers who are interested in the specific legal issues raised by CAAP's lawsuit, here is a brief description of the issues:
As with most lawsuits, there are many factual and legal issues that need to be analyzed and resolved. We will keep you posted on our efforts to protect the quality of life in the neighborhoods.
We are very confident that we will prevail in court. When we do, there is a possibility that the court will award us fees and costs. That means that the airport will have to pay CAAP for all the dollars it has invested in this battle. That will be great; we will be able set up an endowment for future battles.
An expense award would also allow CAAP to repay the community angels who provide key financial support through contingent loans. Over the years, CAAP has never been in debt. We'd like to keep it that way, but the reality is that legal expenses and fundraising don't always occur on the same schedule.
CAAP is looking for financial angels who would be willing to provide zero interest loans to be repaid through potential court awards or settlements. Contact me personally if you would like to learn more about how you could support your community in this way. I can be reached on email at Russell_McBrien@HP.com or daytime phone 1-650-691-5165.
The stock market has been very generous to many of us here in Silicon Valley. If you are like me, you have shares that have appreciated greatly in the last few years. But when I look at my tax situation, I really don't want to take any more income and pay more taxes. Even with Capital Gains pegged at 20%, that is still 20% tax I'll be paying.
You can do a lot of good for yourself and for our valley by donating appreciated stock to CAAP. Your gift goes farther than if you had sold the stock and donated the net cash. Everyone benefits in that your gift will help us see our way to the end of this battle quickly For more information just contact me at email at Russell_McBrien@HP.com or daytime phone 1-650-691-5165.
If you are already a donor, you can do three things:
If you are uncomfortable in asking yourself, leave me a message on the CAAP line and I'll be glad to talk with anyone who might be interested in donating. Do it today. Your help makes a difference.
1/8/1998 NEWS RELEASE: "Environmental Groups to File Lawsuits Against BWI and O'Hare Airports for Toxic Discharges"
Citing over 150 separate violations of federal clean water and right-to-know laws, a coalition of local and national environmental groups yesterday filed a notice of intent to sue Baltimore-Washington International Airport (BWI) for discharges of toxic chemicals into Sawmill Creek. Similarly, citing over 100 violations of public right-to-know laws, environmental groups filed a notice of intent to sue Chicago O'Hare International Airport.
The Natural Resources Defense Council, Inc. (NRDC), the Airport Environmental Coalition (AEC), the Humane Society of the United States (HSUS) and US- Citizens Aviation Watch (US-CAW) charged the Maryland Aviation Administration (MAA), which owns and operates BWI, with violating the federal Clean Water Act through its discharges of stormwater that is highly contaminated with airplane deicing fluids containing ethylene glycol and other toxic chemicals. The groups also cited MAA for violating federal Superfund and community right-to- know laws requiring it to report releases of these hazardous substances to federal, state, and local emergency planning agencies.
These groups are also charging the City of Chicago, which owns and operates O'Hare, with violations of federal Superfund, community right-to-know and clean water laws requiring public disclosure of their massive releases of ethylene glycol. "Despite a lot of talk about how well they are doing, these airports are regularly violating federal environmental laws," said Peter Lehner, Senior Attorney at NRDC. "With these anticipated lawsuits, we aim to have the airports expedite improved runoff collection and management systems and switch to less toxic deicing chemicals," said Nancy Marks, Senior NRDC Attorney. "...It is clear, however, that great environmental and public awareness improvement can be made while protecting flight safety."
This news release illustrates what aroused grass-roots citizens' groups are doing to combat violations of federal laws and to right certain wrongs. Their aim, as CAAP's, is to obtain compliance, not to shut our airports down. CAAP wants an airport compatible with its acreage (1000 acres to San Francisco's 5000), an airport which becomes quieter, does not result in freeway gridlock or worsening our air quality.
The monthly analysis for September reports 22 curfew intrusions with only 5 considered in non-compliance.
In October, 37 curfew intrusions were reported, an increase of 15 over the previous month. Again, only five were considered to be in noncompliance.
Both months, Southwest Airlines was the biggest curfew offender and two curfew violations by Mexicana have been referred to the city attorneys office. Violations by United and America West are under investigation.
Since putting our web page on the World Wide Web, CAAP has been getting email from all over the world from groups seeking legal advice or assistance in fighting the growing problem of airport noise.
It's a good feeling to know that out of all this, perhaps others load will be lightened as resources are shared, information is exchanged, and global awareness of airport pollution may turn the tide in the next century. It's also scary to think that we're considered the experts at fighting airport noise!
CAAP has received e-mail from citizens groups in Canada, England, Denmark, Holland, Israel, Australia, Japan, Guam, Hong Kong as well as numerous US cities.
We're now part of a national organization, Citizens Aviation Watch (CAW), committed to working for a resolution by sharing information with other localities and working on new federal legislation.
| Lenora Porcella | Chairman | Travel Agent | 76146.1705@compuserve.com |
| Russ McBrien | Vice Chair | H-P Executive | |
| Patricia Koopman | Secretary | Retired Teacher | patk316@aol.com |
| Sharen Dains | Treasurer | Freelance Court Reporter | |
| Robert Harmssen | Legal Affairs | Attorney at Law | |
| Kenneth Hayes | Medical Advisor | Physician | |
| Sam Miller | Distribution | Account Executive | |
| Christopher Escher | Public Relations | Apple Public Relations | |
| Lyle Johnson | Santa Clara Advisor | Attorney at Law | |
| Lilian Dennis | Rosemary Gardens | Small Business Owner | |
| Leo Rubio | Guadelupe-Washington | Interpreter | lrubio2000@aol.com |