Tweed-New Haven Airport secured an important legal victory Tuesday in its bid to extend its main runway and attract more airlines, but the state is mulling an appeal to the U.S. Supreme Court.
The U.S. Court of Appeals for the Second Circuit issued a 23-page decision Tuesday in the airport’s favor. The ruling noted Tweed’s runway is “one of the shortest commercial airport runways in the country.”
“The short length of the Airport’s runway has sharply limited the availability of safe commercial air service at Tweed,” Tuesday’s decision said.
Tweed sued to invalidate a state statute which limited the length of its runway to 5,600 feet, arguing that the statute is preempted by the Federal Aviation Act. U.S. District Court Magistrate Judge Robert Richardson in 2017 concluded Tweed lacked standing, and even if it did have standing, the Federal Aviation Act did not preempt the statute.
However, on Tuesday, the appeals court overturned Richardson’s decision and ordered the lower court to rule in favor of Tweed.
According to Tweed, lengthening its runway would allow for the safe use of larger aircraft and service to more destinations.
While Tweed and city officials were jubilant following Tuesday’s ruling, there could be more legal wrangling.
Attorney General William Tong indicated Tuesday he is considering a possible appeal of the decision.
“The Office of the Attorney General is reviewing the decision of the Second Circuit and will determine whether it will file an appeal in the U.S. Supreme Court,” Tong said, via email. “The State has 90 days to file such a request, should it elect to do so.”
Senate President Pro Tempore Martin M. Looney, D-New Haven, said Tuesday he is urging Gov. Ned Lamont and Tong to appeal the Second Circuit ruling.
According to Looney, he and other local lawmakers met earlier this year with Lamont and his staff on the need for a community benefits plan for the neighborhoods around the airport if there were to be any expansion in the number of flights.
“The strong residential neighborhoods around Tweed must be protected from any damaging impact caused by the potential overruling of state law,” Looney said.
Mayor Toni Harp gathered with Tweed and other city officials for a press conference at the airport Tuesday afternoon following the appeals court’s decision.
“My administration is pleased with this decision,” Harp said. “I hope this is a first step to improved airline service and access to New Haven.”
“It is important to remember air passenger safety is at the heart of the matter,” Harp added.
According to Harp, the city is committed to a positive relationship between the airport and surrounding community.
Opponents have raised numerous concerns about an expanded runway and any additional air traffic at Tweed, including traffic, noise, pollution and property-rights violations.
Harp said officials will work to make traffic improvements in the area and soundproof homes. Some neighbors, however, have said any soundproofing won’t help with outdoor noise.
“The airport has one of the shortest commercial runways in America, and it is overdue for improvement,” Harp said.
Harp said she has contacted Tong’s office and asked them not to pursue an appeal.
Matthew Hoey, interim executive director at Tweed and Guilford’s first selectman, said, “Obviously, we are pleased with the decision.”
“This is as much about safety as it is about enhancing our service,” Hoey said. “This is a big step forward, and we look forward to working with the community as well as state and local officials.”
Vincent Petrini, senior vice president of public affairs and chief policy and communications officer at Yale New Haven Hospital, called it an important day for Tweed, New Haven and the state of Connecticut.
“Enhanced airline service means jobs,” Petrini said. An expanded runway would “allow us to draw patients from all over the world.”
Michael Piscitelli, New Haven’s interim economic development administrator, also said the city will continue to work to address neighbors’ concerns.
Even if there is no appeal, he said Tweed still needs to go through the permitting process before it could expand its runway.
Garrett Sheehan, president of the Greater New Haven Chamber of Commerce, said he applauds the appeals court’s decision.
“The chamber has been a long-time advocate of the airport because we believe its success will spur more growth in our region,” Sheehan said, in a statement. “Additional flights and destinations that will come with an expanded runway will support businesses across all industries and of all sizes. The chamber will continue to support efforts to advance the airport, while at the same time respecting the concerns of nearby residents.”
Ginny Kozlowski, executive director of REX Development/Economic Development Corporation of New Haven, said her group is confident Tweed will attract more airlines and add more destinations with an extended runway. “Expanded service at Tweed will help businesses grow in every sector core to our economy: higher education, health care, bioscience, advanced manufacturing, tech and tourism,” she said.
Many in the business community have been pushing for legislation to change the state statute directly. A proposal in the latest legislative session, Bill No. 7143, “An Act Concerning the Length of Runway 2-20 at Tweed-New Haven Airport,” which proposed to lift the 5,600 feet runway length restriction, never gained traction.
