ELR Citation: ELR 20161
No(s). C055224 (Cal. App. 3d Dist. Jul 2, 2008)

A California appellate court held that while the State Aeronautics Act does not compel a county to allow continued operation of an airport, its closure constitutes a "project" under the California Environmental Quality Act (CEQA). The State Aeronautics Act focuses on safety standards and the controlled development of airports. While its stated purpose is to encourage aviation, it does not compel the county to allow continued operation of an airport. Therefore, the county’s decision to deny a permit necessary for the continued operation of the airport is not preempted by or contrary to the State Aeronautics Act. But the permit denial does constitute a project under CEQA since it will result in the closure of the airport. The county, therefore, must conduct an initial study under CEQA.