By Lookout Staff

Editor's note: This article has been revised to reflect that the court addressed and rejected two of the defendants preemption arguments.

July 14, 2026 -- A Superior Court judge this month dismissed a lawsuit claiming the City illegally allowed a charter air carrier to operate at Santa Monica Airport without conducting an environmental review.

The ruling issued by Judge Curtis A. Kin on July 1 sustains a demurrer filed by the City and JSX, the two defendants in the case, which does not dispute the truth of the allegation but claims it is not sufficient grounds to justify legal action.

In his ruling, Kin noted that the Federal Airline Deregulation Act (ADA) preempts the California Environmental Quality Act (CEQA), but rejected the two other preemption arguments raised by the defendants.

The plaintiffs, Measure LC Defense, et al, noted that the court found "that neither the Federal Aviation Act nor the Airport Noise and Capacity Act barred CEQA review in this context.

They also noted that the court declined to address "whether the City’s CEQA exemptions were valid, whether the City’s process complied with CEQA, or whether the City’s environmental review was adequate."

The court concluded that the Airline Deregulation Act applied and "did not allow us to file a revised petition in the trial court," the plaintiffs wrote in an email to supporters.

The plaintiffs, who include leaders of No Jets and Friends of Sunset Park, said they "are disappointed by the ruling" and are reviewing it and "discussing procedural steps with counsel."

"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," they said.

The lawsuit filed on November 13 argues that the City violated CEQA by claiming it is exempt from the State-mandated environmental review required before issuing a permit or signing a lease.

A CEQA review, they contended, is required because JSX's heavier aircraft, which can carry 30 passengers, "represents a fundamental shift from general aviation to commercial air service" at Santa Monica Airport.

The demurrer motion filed by defendants on February 11 argued that the CEQA is preempted by Federal law and that the charter flights that began in December do not represent an expansion of airport use.