What's going on?

In late September the City announced that JSX would begin commercial passenger air service at Santa Monica Airport on November 1, 2025. The city filed an exemption from environmental reviews, beyond what was provided by JSX. In response, Measure LC Defense was formed to challenge the exemption through a court order, and filed a California Environmental Quality Act (CEQA) Case in the Superior Court of California, County of Los Angeles.  ​​​​​​

What is the legal question?

In simple terms this case asks a narrow legal question: Did the City have discretion when it approved JSX’s permit and lease — and if so, was environmental review under CEQA required?

The City treated the permit as “ministerial” and exempt from CEQA. The lawsuit alleges that under Santa Monica Municipal Code § 10.04.06.030(f), City officials had authority to deny or condition the permit based on safety and environmental concerns. If the approval was discretionary, CEQA review was required before the permit and lease were granted. The Court will decide that legal question. 

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What is JSX doing at SMO?

JSX is operating scheduled flights using two 30-passenger ATR 42-600s—the largest aircraft that regularly operates at SMO (see photo above). Currently JSX operates four arrivals and four departures daily at Santa Monica Airport serving Las Vegas and Scottsdale. Additional service is scheduled for the Coachella Music Festival and to Napa Valley. The company has publicly indicated it plans to add more cities in the future, including destinations in the Bay Area. According to JSX's CEO, they could fly up to nine flights per day which would amount to 18 total takeoffs and landings per day. ​

How does jsx impact residents?

SMO is surrounded by homes, schools, and parks. New commercial service raises concerns about noise, quality of life impacts, pollution and health impacts, air and street traffic, and  safety risks. These issues have not been independently reviewed.

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Why does this lawsuit matter? 

When a city approves activity that may affect neighborhoods, safety, or the environment, California law normally requires agencies to study impacts and consider ways to reduce harm. Measure LC Defense is asking the court to require independent public review and informed decision-making. This approval sets a precedent: the same approach could later be applied to additional air carriers or emerging air taxi technologies (eVTOLs). 

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What is the alternative to filing a lawsuit?

The alternative is doing nothing. That would allow JSX to operate and expand with few limits, and opens the door to other operators — including similar charter airlines and new aircraft types such as eVTOLs — without proper oversight or public review.

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Is The City Really obligated to Approve the Lease?

The City maintains that it was required to approve this activity to comply with the consent decree and FAA rules, and to avoid jeopardizing the airport’s planned closure. Yet the City has not clearly explained how those rules apply here, why independent review was not performed, why approval was accelerated, or why opportunities for public discussion were limited.

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What is CEQA?

California Environmental Quality Act (CEQA) is a state law that requires public agencies to evaluate the environmental impacts of proposed projects, disclose those impacts to the public and reduce harm where possible before approving major new activities. It is California’s environmental protection process. 

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What is a CEQA Notice of Exemption (NOE)?

An NOE is a document claiming a project is exempt from environmental review. The City filed an NOE for JSX on October 9, 2025, saying "no independent study was required". We filed our challenge before the 35-day deadline expired.​​

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Does this lawsuit affect airport closure in 2028?

We fully support the City’s plan to close SMO by December 31, 2028. Our case is about ensuring decisions made today reflect that commitment and protect neighborhoods in these final years.

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Will JSX operate while the case moves forward?

That depends on decisions by the City, JSX, and the Court. CEQA cases do not automatically stop a project; sometimes projects pause, and sometimes they continue during litigation.​​​

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Is my donation tax deductible?​

No. Donations are not tax-deductible. Measure LC Defense is an all-volunteer, unincorporated nonprofit association but it is not a 501(c)(3) or 501(c)(4). ​

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Who filed the lawsuit?

Measure LC Defense, Alan Levenson, and Zina Josephs. The lawsuit challenges the City’s approval of JSX’s Commercial Operations Permit without conducting the required environmental review.

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Can donors be held liable if the case is lost?​

No. Donors are not parties to the lawsuit and won't be held liable for court costs or judgements. ​

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How can I help?

You can make a meaningful difference. Attend City meetings if necessary and write to City Council and staff when asked. Supporting our campaign can make the most impact:

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• DONATE to the legal effort

• VOLUNTEER for canvassing

• LEND A SKILL

• TAKE ACTION​​​

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​​​​​​​​​​How can I stay informed? 

SUBSCRIBE to be kept up to date with developments on the airport and our legal challenge.​