Tweed-New Haven Airport Authority v. Tong
Opinion
Tweed-New Haven Airport is located in the Town of East Haven and the City of New Haven, Connecticut. The Airport is owned by the City of New Haven and leased to and operated by Tweed-New Haven Airport Authority ("Tweed").
1
Tweed sued the then Connecticut Attorney General George Jepsen in his official capacity
2
(the "State"), seeking a declaratory judgment that a Connecticut statute (the "Runway Statute" or "Statute") that limits the Airport's runway to its current length of 5,600 feet was invalid.
See
Following a bench trial in the United States District Court for the District of Connecticut (Richardson, M.J. ), 3 the court concluded that Tweed lacked standing to sue because its injury was not caused by the Statute and that, assuming Tweed *69 could establish standing, the Runway Statute was not preempted by the federal laws to which Tweed cited. Because we conclude that Tweed has standing and that the Runway Statute is preempted by the FAAct, we reverse. 4
BACKGROUND
The Airport serves the New Haven area. It has a catchment area-the area from which an airport expects to draw commercial air service passengers-in excess of 1,000,000 people. The Airport's primary runway, Runway 2/20, is currently 5,600 feet long. The runway is one of the shortest commercial airport runways in the country, and it is the shortest runway for an airport with a catchment area as large as Tweed's area. The Airport's catchment area is the largest catchment area without nonstop flights to Orlando, and there are no flights at the Airport to a number of East Coast cities such as Boston, Washington D.C., and Atlanta.
In 2009, the Connecticut legislature, seeking to prevent the expansion of Runway 2/20, passed the Runway Statute, which provides that "Runway 2-20 of the airport shall not exceed the existing paved runway length of five thousand six hundred linear feet."
The short length of the Airport's runway has sharply limited the availability of safe commercial air service at Tweed. The length of a runway has a direct bearing on the weight load and passenger capacity that can be handled on any given flight. For example, at the time of trial, American Airlines, the one commercial airline providing service to and from the Airport, was unable to safely fill its planes to capacity and was required, depending on the weather, to leave between four and nine seats empty.
Tweed has been unable to attract new airline services. Tweed has contacted approximately ten different airlines and has been unable to convince them to operate out of the Airport. One airline, Allegiant Air, LLC, began an economic analysis of the feasibility of bringing additional flights to the Airport but concluded it would be pointless to continue with the analysis unless the runway were extended.
Lengthening the runway would allow for the safe use of larger aircraft, allow flights with no seating restrictions, allow more passengers on each airplane, and allow service to more destinations. It would also allow Tweed to attract more carriers and expand the availability of safe air service for its customers.
As required by the Federal Aviation Administration ("FAA"), Tweed has prepared a Master Plan for upgrading its airport, which includes extending the runway. 5 In 2002, the Master Plan-including the runway expansion-was approved by the FAA and by the State of Connecticut. However, in 2009, the State changed its position and passed the Runway Statute.
Tweed, seeking to lengthen the runway, sued for prospective injunctive relief, contending that federal law including the FAAct preempted the Runway Statute. The City of New Haven intervened as an additional plaintiff. The State moved to dismiss on several grounds, including that *70 Tweed lacked Article III standing, that, as a political subdivision of the State of Connecticut, Tweed could not sue the State, and that the Runway Statute was not preempted. The District Court denied the State's motion.
At trial, the parties largely relied on a joint stipulation of facts. The District Court ultimately concluded that (1) Tweed lacked standing to sue because it had not shown an injury-in-fact and causation attributable to the Statute; and (2) even if Tweed had standing, federal law (including the FAAct) did not preempt the Runway Statute.
See generally
Tweed-New Haven Airport Auth. v. Jepsen
, No. 15-cv-01731,
Tweed raises both these issues on appeal and the State contends, as it did below, that Tweed cannot sue Connecticut because it is a political subdivision of the State. We review each of these questions
de novo
.
Montesa v. Schwartz
,
DISCUSSION
I.
To establish Article III standing, a plaintiff must prove: "(1) injury-in-fact, which is a 'concrete and particularized' harm to a 'legally protected interest'; (2) causation in the form of a 'fairly traceable' connection between the asserted injury-in-fact and the alleged actions of the defendant; and (3) redressability, or a non-speculative likelihood that the injury can be remedied by the requested relief."
W.R. Huff Asset Mgmt. Co. v. Deloitte & Touche LLP
,
First, we have little difficulty concluding that Tweed suffered an injury-in-fact. Where, as here, "the plaintiff is himself an object of the action (or forgone action) at issue ... , there is ordinarily little question that the action or inaction has caused him injury, and that a judgment preventing or requiring the action will redress it."
Lujan
,
In addition, Tweed has established that it is injured by the threatened enforcement of the Statute should Tweed attempt to extend the runway. The State claims that standing is not available under this theory because Connecticut has made no overt threat to enforce the Statute. Crediting this argument would run afoul of the Supreme Court's admonition not to put "the challenger to the choice between abandoning his rights or risking prosecution."
MedImmune, Inc. v. Genentech, Inc.
,
*71
When courts consider whether the threatened enforcement of a law creates an injury for the purposes of standing, "an actual ... enforcement action is not a prerequisite to challenging the law"; a pre-enforcement challenge is sufficient.
Susan B. Anthony List v. Driehaus
,
Second, Tweed has demonstrated that its injury is caused by the Runway Statute. For standing purposes, a plaintiff is required only to show that the injury "is fairly traceable to the challenged conduct of the defendant."
Spokeo, Inc. v. Robins
, 578 U.S. ----,
The District Court concluded that, because other uncertainties stood in the way of the completion of an extended runway, the causation element was not satisfied. The District Court reasoned that because Tweed would have to obtain additional funding, secure approvals from various regulators, and obtain environmental and other permits, none of which was assured, there did "not appear to be a direct causal relationship between the statute and the plaintiff's alleged injury."
Tweed-New Haven
,
As an initial matter, the uncertainties seized upon by the District Court have no bearing on Tweed's fears of the Statute's enforcement, which is an independent basis for Article III standing. Further, we disagree with the District Court's analysis of the causation element of standing. A plaintiff is not required to show that a statute is the sole or the but-for cause of an injury. An injury can be "fairly traceable" even when future contingencies of one kind or another might disrupt or derail a project. The fact that a project's ultimate completion may be uncertain because a plaintiff must undertake additional steps, such as obtaining funding, environmental permits, or additional carriers, does not defeat standing. Nearly every project of any complexity involves contingencies or uncertainties of some sort. The point of a standing inquiry is not to figure out whether a plaintiff will likely achieve a desired result. The point is simply to ensure that a plaintiff has a sufficient nexus to the challenged action in the form of a personal stake in the litigation so that the case or controversy requirements of Article III are met.
See
Chevron Corp. v. Donziger
,
The Supreme Court has held that there is standing where "the challenged action of the [government] stands as an absolute barrier" that will be removed "if [the plaintiff] secures the ... relief it seeks."
Vill. of Arlington Heights v. Metro. Hous. Development Corp.
,
The Supreme Court, in language fully applicable here, rejected the view that the existence of contingencies was a barrier to standing.
We have also held that, for standing purposes, it was enough that plaintiffs alleged "diligent efforts" to secure funding and had made progress on the project in question.
NAACP v. Town of Huntington
,
Third, as to redressability, there is no question that a favorable decision will likely redress Tweed's fear of the Runway Statute's enforcement.
Cayuga Nation v. Tanner
,
II.
Next, the State contends that Tweed cannot bring suit against Connecticut because it is a political subdivision of Connecticut. As support for this proposition, the State relies on
Williams v. Mayor of Baltimore
,
The view that subdivisions were broadly prevented from suing a state was put to rest in
Gomillion v. Lightfoot
,
*73
There, the Supreme Court considered a challenge under the Fourteenth and Fifteenth Amendments to Alabama's gerrymandering of the boundaries of the City of Tuskegee.
Id
. at 340,
Hundreds of federal laws apply nationwide to states and their political subdivisions. They impose various responsibilities and prohibitions on states and political subdivisions that are intended by Congress to apply nationwide. If the Supremacy Clause means anything, it means that a state is not free to enforce within its boundaries laws preempted by federal law. Lawsuits invoking the Supremacy Clause are one of the main ways of ensuring that this does not occur.
In the years following
Gomillion
, the Supreme Court has repeatedly entertained suits against a state by a subdivision of the state, including cases under the Supremacy Clause.
See
Va. Office for Prot. & Advocacy v. Stewart
,
III.
Tweed next contends that the Runway Statute is preempted by the
*74
FAAct.
8
We agree. The FAAct "was enacted to create a uniform and exclusive system of federal regulation in the field of air safety .... [It] was passed by Congress for the purpose of centralizing in a single authority ... the power to frame rules for the safe and efficient use of the nation's airspace."
Air Transp. Ass'n of Am., Inc. v. Cuomo
,
Our next inquiry is whether the Runway Statute falls within the scope of that preemption. "The key question is thus at what point the state regulation sufficiently interferes with federal regulation that it should be deemed pre-empted[.]"
Gade v. Nat'l Solid Wastes Mgmt. Ass'n
,
The Airport has the 13th shortest runway out of the 348 airports where commercial service is provided. Furthermore, the State has conceded that "the length of the runway has a direct bearing on the weight load and passenger capacity that can be safely handled on any given flight." Joint App'x 55. Because of the Statute, "[w]eight penalties are imposed on [existing] aircraft [at the Airport] for safety reasons." Id . The Statute has limited the number of passengers that can safely occupy planes leaving the Airport by preventing planes from taking off at maximum capacity. For these safety reasons, carriers are forced to cut back on an ad-hoc basis the number of passengers that can safely be carried, the amount of baggage they can bring with them, and the total weight of luggage that can be loaded.
Additionally, the Runway Statute has sharply limited the types of planes that can use the runway. Modern jet passenger planes of the types used across the country cannot safely use the Airport. This localized, state-created limitation is incompatible with the FAAct's objective of establishing "a 'uniform and exclusive system of federal regulation' in the field of air safety."
Air Transp. Ass'n
,
The inflexibility of the ban imposed by the Runway Statute also counsels in favor of preemption. The Runway Statute's restriction on runway development is absolute-it is a total barrier to improvements that could make Tweed safer and more modern. Courts in this Circuit have held that the FAAct preempts significantly less rigid statutes that merely place limitations
*75
rather than total bans on runway modification. For example, in
Tweed-New Haven Airport Authority v. Town of East Haven
("
Tweed I
"), the court held that a state regulation that required regulatory approval before the runway safety areas could be constructed was preempted.
Finally, we have noted that FAAct preemption is less likely to apply "to small airports over which the FAA has limited direct oversight."
Goodspeed,
In response to all of this, the State maintains that implied preemption is not warranted because the Runway Statute "does not prevent Tweed from complying with any federally-mandated safety standards." Appellee's Br. at 56-57. But the State confuses different branches of implied preemption law: conflict preemption and field preemption. Conflict preemption exists when a state law "actually conflicts with federal law,"
English v. Gen. Elec. Co.
,
The State next asserts that the FAAct does not preempt the Runway Statute because here, unlike in Tweed I , no federal mandate requires that Tweed extend its runway. See Appellee's Br. at 58. This characterization misses the point. Preemption analysis does not turn on whether the airline safety activity is mandated by the federal government; the dispositive question is whether the Runway Statute intrudes into the field of air safety. We conclude that it does and does so directly. For these reasons, we hold that the Runway Statute is preempted by the FAAct.
*76 CONCLUSION
The judgment of the lower court is REVERSED and the case is REMANDED for entry of judgment in favor of Tweed.
Tweed is "a body politic and corporate" created through legislation by the state of Connecticut.
See
Since the inception of the suit, the identity of the Connecticut Attorney General has changed from George Jepsen to William Tong. This change is reflected in the case caption.
The parties consented to proceed before a magistrate judge through the entry of final judgment.
See
The salient facts are not in dispute and have been stipulated to by the parties. See Joint App'x 51-66.
A Master Plan is required by the FAA for each commercial airport within its jurisdiction, such as Tweed, and represents a blueprint for the long-term development goals of the airport's facilities.
Only one party must have standing to seek each form of relief.
Town of Chester v. Laroe Estates, Inc.
, --- U.S. ----,
We have held that a political subdivision does not have standing to sue its state under the Fourteenth Amendment.
See
Aguayo v. Richardson
,
Tweed also contends that the Runway Statute is preempted by the Airline Deregulation Act and the Airport and Airway Improvement Act. Because we conclude that the Runway Statute is preempted by the FAAct, we make no determination concerning preemption under these other statutes.
Reference
- Full Case Name
- TWEED-NEW HAVEN AIRPORT AUTHORITY, Plaintiff-Appellant, City of New Haven, Intervenor Plaintiff-Appellant, v. William TONG, in His Official Capacity as Attorney General for the State of Connecticut, Defendant-Appellee.
- Cited By
- 32 cases
- Status
- Published