JULY 20, 2010
SAN JOSE, CALIFORNIA

PRESS RELEASE

Citizens Against Airport Pollution [CAAP] has filed a lawsuit against the City of San Jose because the City recently approved a major amendment to the Airport Master Plan without an Environmental Impact Report describing what adverse affect these amendments will have on the environment.

The suit alleges that the City failed to conduct the proper environmental investigation necessary prior to the approval of a major amendment to the Airport Master Plan, as required by the California Environmental Quality Act (CEQA). Air pollution impacts, noise pollution impacts, and impacts on wildlife are unknown.

In an effort to avoid litigation, CAAP previously requested the City to defer action approving the major amendment so that these issues could be evaluated and discussed without litigation. The City chose to ignore these concerns and approved the major amendment to the Airport Master Plan without a clear understanding of its impact on the environment.

For over 20 years, CAAP has been the only watchdog organization committed to protecting the environment from pollution caused by Mineta San Jose International Airport. CAAP has always supported a first class airport to serve the needs of the South Bay. Protecting the quality of life for San Jose residents and maintaining a first class airport is doable. However, it requires thoughtful planning and a keen sensitivity to environmental protections.

Specifically, the lawsuit alleges that the City:

(1) Abused its discretion and failed to act in the manner required by law or with findings supported by substantial evidence in approving a major amendment to the Airport Master Plan without preparing a supplemental or subsequent EIR;

(2) Failed to provide an assessment of the current environmental setting, comparing development under the major amendment with current operations rather than with operations that had been approved under the master plan;

(3) Failed to adequately describe the addition and extension of the H & K taxiways and the construction of general aviation facilities in locations that were not anticipated in the Airport Master Plan;

(4) Failed to comply with newly adopted CEQA guidelines mandating review of project impacts for contribution to green house gases and climate change;

(5) Failed to assess noise impacts using the best available data and latest approved assessment technology and relies on unproven assumptions and forecasts; and

(6) Failed to adequately analyze air quality impacts from toxic air contaminants in jet exhaust relating to the increase in corporate aircraft, using the best available data and approved assessment technology.

The lawsuit further requests that the court issue a temporary restraining order and preliminary injunction enjoining the city and its agents and employees from any and all physical actions in furtherance of the major amendment while this petition is pending.

CITIZENS AGAINST AIRPORT POLLUTION
A League of Neighborhoods
P.O. Box 26142
San Jose, CA 95159

866-263-4163

For more information contact the CAAP Steering Committee:

LENORA PORCELLA 408.835.0693
KEN HAYES, M.D. 408.295.3609
ROBERT H. HARMMSEN, ESQ. 408.691.5782

Attorney for CAAP: SUSAN BRANDT-HAWLEY 707.938.3900