MEASURE LC DEFENSE
NEWSLETTER UPDATE
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​City and JSX Ask Court to Dismiss Our Lawsuit Before It Is Heard
March 14, 2026
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The City of Santa Monica and JSX have filed a court motion called a demurrer asking the judge to dismiss our lawsuit before the court examines the facts.
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In simple terms, they argue that federal law and the 2017 Consent Decree exempted the City from conducting environmental review under California law when scheduled passenger service was introduced at Santa Monica Airport.
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Our attorneys will argue that the City still had discretionary decisions to make about activities on City-owned land, and that those decisions require environmental review under the California Environmental Quality Act (CEQA).
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At this stage of litigation, courts do not yet evaluate evidence. Instead, they first decide whether the case is legally allowed to proceed. That is the question currently before the court.
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A hearing on the demurrer is scheduled for May 12. At that time, or shortly afterward, the judge will decide whether the case moves forward.
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If the court allows the case to proceed, the lawsuit will then be heard on the merits and the administrative record will be reviewed to determine whether CEQA applies to the City’s actions.
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Our case does not attempt to regulate airspace or flight operations. It addresses a narrower question: when a city makes discretionary decisions affecting activities on its own land, must it comply with state environmental law.
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Courts have repeatedly held that when a public agency has discretion over a project, it must consider environmental impacts before allowing it to proceed.
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Currently JSX operates four arrivals and four departures daily at Santa Monica Airport. Additional flights are scheduled for the Coachella Music Festival and to Napa Valley, and the company has publicly indicated it plans to add more cities in the future.
Our goal remains straightforward: transparency and environmental review when discretionary decisions affecting the community are made.
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Responding to the demurrer and continuing the case requires significant legal work. If you are able to help us continue through this phase of the lawsuit, your support is greatly appreciated.
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More background on the upcoming court date can be found in our recent opinion piece published in the Santa Monica Daily Press and The Argonaut. We appreciate both publications for running it.
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Thank you for continuing to stand with us. We cannot do this without your support.
Thank you.
Alan Levenson, Zina Josephs, Measure LC Defense​
