Robert Menendez | United States Senator | New Jersey
Senator Robert Menendez

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Press Release of Senator Menendez

NY & NJ SENATORS HAIL COURT RULING AGAINST FAA'S AIRPORT AUCTION PLAN

Scheme Could Lead to Higher Fares and Longer Delays Without Easing Congestion

Tuesday, December 9, 2008

WASHINGTON, DC – The U.S. Senators from New York and New Jersey, Hillary Rodham Clinton, Charles E. Schumer, Frank Lautenberg, and Robert Menendez today welcomed a court order delaying the Bush Administration’s scheme to auction off arrival and departure slots at the New York metropolitan region’s airports. The senators underscored their opposition to the plan, which could lead to higher fares and longer delays while doing nothing to ease congestion, and urged the Bush Administration to abandon it altogether.

“The millions of travelers who rely on New York’s airports deserve real solutions to reduce congestion and delays. This ruling underscores that the Bush Administration should abandon this scheme once and for all,” Senator Clinton said.

“This decision is exactly what the doctor ordered. Slot auctions will cause chaos in the skies and on the ground, and must not be bum-rushed through by a lame duck Administration. This decision should buy enough time for the next administration and Congress to put slot auctions on the shelf for good; and then craft a new, workable plan to reduce flight delays and give New York’s airspace and airports the upgrade they need and deserve,” Senator Schumer said.

“This ruling is a victory for travelers in our region.   The Bush Administration’s plan is wrong for fliers and wrong for our residents.  We called on President Bush to stop this illegal effort at once—and now the courts agree,” Senator Lautenberg said.  “It’s time to work with the Port Authority and airlines on a real plan that will actually reduce flight delays without increasing airfares.” 

“This illegal plan could price-out middle class families at the best and most convenient times of day, and it essentially would levy an additional tax on people in our region simply for living here. It’s a plan that should never take off, particularly as more and more families struggle in these hard economic times. This ruling is certainly welcome, and we will work to have this plan permanently grounded,” Senator Menendez said.

The Court of Appeals for the District of Columbia delayed the auction plan so it can hear arguments in a case brought by the Port Authority of New York and New Jersey on the auctions’ legality. In an October legal opinion, the Government Accountability Office concluded that the FAA, “lacks authority to auction arrival and departure slots, and thus also lacks authority to retain and use auction proceeds.” GAO said it would challenge the FAA if it sought to proceed with the plan. The full legal opinion is available here: http://www.clinton.senate.gov/documents/news/09_31_08_GAO.pdf.
 
The New York and New Jersey senators have long opposed the auction plan as counterproductive and potentially very costly to consumers. Instead, the senators have called on the FAA to modernize its equipment, adequately staff its control towers, and expedite new technology to increase airport capacity.

Last year the senators secured into law two measures to reduce flight delays and ease congestion in New York/New Jersey airspace. One provision required the federal government to provide a plan to Congress to reduce flight delays in the region, the nation’s most densely congested airspace. The other measure required the GAO to investigate the FAA’s Airspace Redesign Plan, as well as the effectiveness of a variety of approaches used nationwide to reduce flight delays, including the auction plan.


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