One of the last two legal challenges to the new Bay County International Airport and Industrial District was settled last week as the judge denied a temporary restraining order requested by the Florida Clean Water Network, National Resource Defense Council and Defenders of Wildlife in U.S. District Court. Related Story
The suit was filed in February challenging the legality of a U.S. Army Corps of Engineers permit and to stop the construction of Northwest’s Florida’s new airport, a replacement for the aging Panama City airport. The development of this airport was unique in that it included an environmental coalition in its planning which resulted in a massive nature preserve surrounding the airport as well as numerous other initiatives requested by the coalition.
In his ruling, Judge Timothy J. Corrigan of the United States District Court for the Middle District of Florida, Jacksonville Division found that “the record supports that the Corps considered the concerns raised by those who opposed the project and the comments of those who favored it, it considered the FAA’s position, and it considered the goal of the Authority before determining that the project purpose should appropriately include flexibility for growth opportunities sufficient that international charter operations could use the airport.”
The Court further found that “the Corps considered the record before it, including the EIS (Environmental Impact Statement) prepared by the FAA (Federal Aviation Administration) and the West Bay Vision Plan (which, as noted above, envisions a 50-year regional development plan anchored by the relocated Airport), and determined that compatibility with these local and regional comprehensive planning efforts was a necessary and not incidental component of the project…(T)he County looked to use the airport project as a centerpiece to stimulate economic development in the region at the only site that could accommodate growth and FAA safety and military airspace concerns while avoiding hurricane storm surges…”
“I am thrilled with the court’s decision. This has been a long fought battle and I am pleased that the court has vindicated our decision and the decision of the U.S. Army Corps of Engineers,” said Joseph Tannehill, chair of the Airport Authority. “As the federal court noted, this airport project is the centerpiece to stimulate economic development. There’s no better time in the history of Bay County, considering these economic times, than for us to have this project at this stage at this time.”
Judge Corrigan’s opinion dismissed with prejudice the plaintiffs’ claims pertaining to the Clean Water Act Section 404 permit brought against the United States Fish and Wildlife Service and the United States Army Corp of Engineers under the National Environmental Policy Act of 1969 (NEPA).
“This Airport and the West Bay Sector Plan represent unique opportunities for Northwest Florida,” said Bill Cramer, vice chair of the Airport Authority. “For once economic development can be advanced in unison with environmental protection. We appreciate the court’s judgment on our project and we will continue to proceed toward our projected opening of May 2010.”