Carlsbad to join lawsuit against county over American lease

CARLSBAD — A Vista Superior Court judge has allowed the city to join a lawsuit challenging the county’s approval of a lease for American Airlines to operate out of McClellan-Palomar Airport.

Filed in January by Citizens for a Friendly Airport, the suit contests the San Diego County Board of Supervisors’ decision to approve a two-year lease with American Airlines.

The agreement permits regional subsidiary Envoy Air to run daily flights between Carlsbad and Phoenix using 76-seat Embraer 175 regional jets under the American Eagle brand.

The group alleges the county ignored environmental risks related to noise, air quality, and traffic, and failed to conduct a proper environmental review. The lawsuit also claims the county limited public input and violated existing land-use rules, including the airport’s conditional use permit with the city.

In April, the plaintiffs also sought a preliminary injunction to halt the twice-daily flights until the trial concludes in the spring, arguing the county violated a 2021 court order by approving the lease without adequate consultation with Carlsbad.

Superior Court Judge Gregory Pollack denied the request.

In court filings, the county and American Airlines argued the lease complies with McClellan-Palomar’s conditional use permit, or Coastal Development Permit 172, which they say allows both scheduled and unscheduled commercial operations.

On Nov. 14, Pollack approved the city’s request to intervene in the lawsuit, rejecting arguments from the county and airline that the conditional use permit is unrelated to the lease.

“They don’t have a dog in this fight,” said Michael Masterson, an attorney representing the county.

Pollack disagreed.

“I don’t see a problem,” he said. “It’s their city.”

Although the airport sits on county land, it was annexed into Carlsbad in 1978 to provide water, sewer and other services necessary for airport operations through a conditional use permit.

“The city believes the county’s recent actions regarding the airport, including rescinding a policy limiting aircraft size and approving a commercial lease with American Airlines, require the county to obtain an amendment to the airport’s conditional use permit,” said Amy Ventetuolo, communications director for the city. “This issue is a key issue in the lawsuit filed by Citizens for a Friendly Airport against the county and American Airlines. The city sought and obtained permission to join the lawsuit to ensure the city interests on this issue are effectively represented.”

Pollack also noted that in the event of a crash at or near the airport, the city would be responsible for protecting its residents — a point that reinforces the city’s interest in the case.

Though Pollack allowed the city to intervene, he cautioned attorneys to stay focused.

“I don’t want it expanded to other issues,” the judge said, later adding, “Just understand that it’s not going to open things up… focus on what the primary lawsuit is about.”

Dom Betro of the Palomar Airport Action Network, a group representing 25 homeowners’ associations and 10 community groups, welcomed the ruling.

“The decision of Judge Pollack to allow the City of Carlsbad to intervene in the C4FA case vs the county is a significant win for the residents of North County. It adds credibility and legitimacy to the C4FA case. It also confirms the land use jurisdiction of the City of Carlsbad in relation to County efforts to expand Palomar Airport,” Betro said via email. “County Airport staff and the Board of Supervisors have abandoned putting the health and safety concerns of residents first and foremost. Kudos to the City of Carlsbad for protecting North County residents and our quality of life.”

Betro purchased his Carlsbad home in 2008 near the beach and relatively close to the airport’s takeoff pad. He initially accepted the airport’s proximity but said impacts increased as operations expanded.

“It’s not what the airport was meant to be,” he told The Coast News.

The lawsuit is scheduled to return to court on Dec. 19.

Since the complaint was filed, United Airlines has announced that it will launch twice-daily flights from Carlsbad to its Denver and San Francisco hubs using Embraer E175 regional jets.