Tweed-New Haven Airport: EA Record Of Decision.

This written piece is the sole commentary of its Author. No entity endorses or substantiates the words of the Author. Further, this written comment predicts no specific legal outcome. Further, the Author does not reside in East Haven, Connecticut.

In this article, I provide a side-by-side comparison of two airports, HVN and TTN, as they relate to their respective FAA Record Of Decisions. Beyond these facts, I will merely provide you the links to a Court Ruling, airport planning documentation and related anti-airport community opposition Press regarding an airport’s “expansion” projects. Sound familiar?

https://caselaw.findlaw.com/court/us-3rd-circuit/115680969.html#footnote_20

https://www.njspotlightnews.org/2022/06/critics-oppose-trenton-mercer-airport-expansion-appeals-court-faa-approval-air-noise-pollution-pfas-disturbance-forever-chemicals/

https://www.mercercounty.org/departments/transportation-and-infrastructure/trenton-mercer-airport/new-developments

TTN & HVN. Two birds of a feather?

https://caselaw.findlaw.com/court/us-3rd-circuit/115680969.html#footnote_20 ⬆️⬆️⬆️

As evidenced above, TTN and HVN airports share commonalities. There are other common aspects as well. For example,TTN boasts a main Runway of 6,000 feet and Tweed weighs in with a 5,600 foot Runway. Similarly, each of these airports hosts one Low Cost Airline operating approximately 5,000 Air Carrier Flight Operations per year. Each airport enplanes approximately 400,000 passengers per year.

In the case of TTN, the resident airline “up gauged” from Airbus A319 to Airbus 320. Hints of HVN (Boeing 737-700 and 737-800) maybe?

https://caselaw.findlaw.com/court/us-3rd-circuit/115680969.html#footnote_20 ⬆️⬆️⬆️

Each of these airports recently had their Environmental Assessments reviewed by the FAA. Of direct pertinence, each of these airports proposed a new Terminal Building (among other related airport improvements) in their respective Airport Master Plans. Of note, a slight difference is that TTN proposes its new Terminal in approximately the same area as their current Terminal, whereas HVN proposes a relocation. Beyond that difference:

Similarities however include:

✈️ A four-fold increase in Terminal size. TTN proposes up to 125,000 sq. Ft. for example.

✈️Each project is proposed on current airport foot print. No residential, commercial or other off-airport properties are slated for repurposing or acquisition.

✈️Each project has been argued to be an expansion opportunity by anti-airport protesters.

The list of similarities is pretty extensive. To say the least, the main body of arguments made by TTN airport protesters are nearly identical to those of HVN as you’ll see in the literature provided and linked here.

⚠️Important areas that you should garner your attention:

‼️ HVN and TTN Airport opponents both claim illegal “Segmentation”.

In reading the TTN Airport 3rd Circuit Court of Appeals ruling you will be introduced to the concept of “Independent Utility”. Independent Utility is a concept that relates to maintaining and/or improving the usefulness (ie utility) of an airport (in this case).

Segmentation arguments against TTN Airport were dismissed as a result of the concept of Independent Utility. Tweed opponents throwing Segmentation arguments might want to take note.

‼️ HVN and TTN Airport opponents both describe the respective Passenger Terminal Projects as expansions and a lure for more traffic and pollution. See ⬇️ below the 3rd Circuit Courts’ response to this argument.

Again, citing the concept of “Independent Utility”, the 3rd Circuit Court of Appeals upheld the notion that a new passenger terminal (meant to replace and improve the current passenger experience) IS NOT an expansion (nor a guarantee of increased air traffic) but rather a new and improved Terminal upholds the concept of Independent Utility (continuous improvement, Author description).

‼️ Further, the 3rd Circuit Court of Appeals ruled that an enlarged and improved Terminal is not a guarantee nor assurance that air (or vehicle) traffic would increase. As such, oppositional arguments that there would be increases in pollution as result of the new terminal are not provable and are unsubstantiated.

In closing. And by the way, good luck!

While it is true that each airport and attendant projects are not exactly the same, it is my opinion that there is enough commonality between the two airports/proposals to make a valid legal comparison of what might result if a petition is filed against the HVN EA Record Of Decision.

I believe the recent (January 4, 2024) Court ruling dismissing the TTN airport opponents legal petition is a relevant LEGAL PRECEDENT regarding Tweed. As such, it may be a fore-bearer of things to come for Tweed-New Haven Airport.

Here again is the ruling by the 3rd Circuit Court of Appeals re: Trenton-Mercer County Airport (TTN).

https://caselaw.findlaw.com/court/us-3rd-circuit/115680969.html#footnote_20