COURT RULES ON DEMURRER
CEQA ISSUES UNRESOLVED
July 9, 2026
Dear Supporters and Defenders of Measure LC Defense,
Thank you to everyone who supported Measure LC Defense and our effort to require environmental review of the City’s approvals allowing JSX to begin scheduled passenger operations at Santa Monica Airport.
On June 30, the court heard the demurrer filed by the City of Santa Monica and JSX. A demurrer is a request to dismiss a case on legal grounds before the facts are fully litigated.
Unfortunately, the court sustained the demurrer, meaning the judge did not rule in our favor.
The ruling was based on federal preemption under the Airline Deregulation Act. Preemption means the court found that federal law blocked our state-law California Environmental Quality Act (CEQA) claims as pleaded.
Importantly, the court rejected the two other preemption arguments raised by the City and JSX, finding that neither the Federal Aviation Act nor the Airport Noise and Capacity Act barred CEQA review in this context. However, the court concluded that the Airline Deregulation Act applied and denied leave to amend, meaning it did not allow us to file a revised petition in the trial court.
It is equally important to understand what the court did not decide. The court did not decide whether the City’s CEQA exemptions were valid, whether the City’s process was adequate, or whether the City properly addressed the environmental and closure-related consequences of the JSX approvals.
Because the case was resolved on Airline Deregulation Act preemption grounds, the court never reached those questions.
The City and JSX therefore did not have to defend the adequacy of their environmental findings, and the court did not validate them. The question of the City’s CEQA compliance remains unresolved.
For those who have followed the case closely, the court also did not endorse the City’s claim that the Consent Decree required these approvals or excused environmental review.
We are disappointed by the ruling. We continue to believe the public deserves meaningful environmental review and transparency regarding the City’s approval of JSX’s operating permit and an extensive lease of publicly owned airport property.
We are reviewing the ruling and discussing procedural steps with counsel, and will update you promptly on our next steps.
Thank you again for your financial support, encouragement, and commitment to protecting Measure LC.
–Alan Levenson, Zina Josephs, and Measure LC Defense