US Supreme Court Denies AG Request To Review Tweed Airport Case

EAST HAVEN, CT — The U.S. Supreme Court Monday denied Connecticut Attorney General William Tong's request it review the judgment of the U.S. Court of Appeals for the Second Circuit in Tweed-New Haven Airport Authority v. Tong.

Tong filed a writ of certiorari which orders a lower court to deliver its record in a case so that the higher court may review it, according to Cornell Law School.

In July 2019, a three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled that the state statute regulating the length of the main runway at Tweed-New Haven Airport is preempted by federal aviation law, overturning a 2017 district court ruling that upheld the state law.

In its July 2019 decision, the 2nd Circuit cleared the way for Tweed to expand its main runway length, which could bring in additional airlines and service to new destinations. The court decision was a reversal a lower federal court's decision.

The nation's highest court said it would not hear the case.

Tweed-New Haven Airport executive director state Rep. Sean Scanlon (D-Guilford, Branford) said the SCOTUS decision means that "after 10 years of limitations, Tweed-New Haven Airport is finally free to pursue expanding our runway within our existing property lines and to meet the growing demand for more frequent air service in southern Connecticut."

"We are very excited about what this will mean in terms of new air service in New Haven and to our local economy and we look forward to working with all local stakeholders including our neighbors to determine how best to move forward now that this case is finally over," Scanlon said.

East Haven Mayor Joe Carfora explained that the court of appeals ruling "decided that the airport could go ahead and lengthen its runway beyond 5,600 feet despite a 2009 state law preventing it, because the Federal Aviation Act trumps the Connecticut state law."

"As I have said in the past, I am committed to protecting the rights and interests of East Haven residents. The expansion of this airport should not be placed on our backs and too often it seems as though everyone overlooks that," Carfora said.

Carfora said he's "committed to working" with state Rep. Joe Zullo (R-East Haven), who he noted has "a strong opinion on this issue."

Indeed, Zullo reached out to Patch with this statement:

"Today's ruling may bring a conclusion to the questions surrounding the legality of the state law limiting the length of Tweed's runway, but it does not change my priorities," Zullo wrote.

"From day one, I promised the residents of East Haven, and especially the neighbors living around Tweed, that I would fight to protect and preserve their quality of life. This ruling does not that change that priority.

Zullo said he believes Carfora "is committed to working, in a bipartisan manner, to continuing to ensure that our community's best interests are protected with respect to Tweed airport. Moving forward, I will do everything possible to ensure our residents' quality of life concerns about the airport are not only heard, but prioritized and addressed."

Carfora said he will work with Zullo and "anyone else who is willing to share ideas that are in the best interests of our community."

When Tong has issued a statement or has responded to requests for comment, this post will be updated.