Tong Asks US Supreme Court To Weigh In On Tweed Airport Case

HARTFORD, CT —The Office of the Attorney General Friday filed a petition for a writ of certiorari with the U.S. Supreme Court to review the judgment of the U.S. Court of Appeals for the Second Circuit in Tweed-New Haven Airport Authority v. Tong.

A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it, according to Cornell Law School.

In July 2019, a three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled that the state statute regulating the length of the main runway at Tweed-New Haven Airport is preempted by federal aviation law, overturning a 2017 district court ruling that upheld the state law.

"We have petitioned the U.S. Supreme Court to address two issues of legal significance to the State: first, whether a political subdivision of a state has standing to sue its creator State, and second, whether the Federal Aviation Act preempts state law in determining the length of a local airport runway. We believe both these issues are of national, state and local significance and merit Supreme Court review," Connecticut Attorney General William Tong said.

In its July 2019 decision, the 2nd Circuit cleared the way for Tweed to expand its main runway length, which could bring in additional airlines and service to new destinations. The court decision was a reversal a lower federal court's decision.

The airport authority and the City of New Haven wanted to nix a state statute that limited the runway's length to 5,600 feet. Tweed's runway is one of the shortest commercial airport runways in the country.

In a statement, Senate Republican Leader Len Fasano (R-North Haven) said he was grateful for Tong's action.

“I want to thank the Attorney General for giving careful thought and consideration to this decision and taking strong action to defend state law," Fasano said. He represents the 34th Senate District including East Haven, North Haven, Wallingford and a portion of Durham.

"I believe that appealing to the Supreme Court of the United States to defend Connecticut law is truly in the best interest of our state and community,” Fasano said.

The state Attorney General had the option to appeal the decision to the U.S. Supreme Court. This petition for a writ appears to be the first step.

Tong v Tweed NH Airport Wri... by Ellyn Santiago on Scribd

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The petition for a writ of certiorari requests the U.S. Supreme Court to review two questions:

1. Does a political subdivision of a State have standing to sue its creator State under the Supremacy Clause of the United States Constitution?

2. Does the Federal Aviation Act preempt a state law limiting the length of an airport runway, thereby depriving a State from determining the size and nature of a local airport?