NH Supreme Court Rules on Airport Fueling Station Dispute
The NH Supreme Court has ruled that only landowners can raise environmental concerns regarding a proposed fueling station at Portsmouth Airport
Portsmouth, New Hampshire, Million Air, Port City Air, Wetlands Council, Environmental Concerns
Million Air, a company from Houston, Texas, wants to set up a new facility at Pease to service private jets. But not everyone is on board. Residents and local towns are pretty worried about the environmental impact. An online petition started by a local named Dania Seiglie got over 1,300 signatures, showing just how much concern there is.
The petition raised alarms about potential contamination of drinking water and wetlands. It argued that there are safer spots at Pease for the project that wouldn’t risk the environment. Port City Air, which leases a hangar nearby, tried to challenge the permit but got shot down because they weren’t considered an “abutter” under the law.
They took their fight to the state Supreme Court, claiming the decision by the Department of Environmental Services (DES) was unconstitutional. Their lawyer argued that if the ruling stood, it would mean no tenant in New Hampshire could challenge a DES order, which would be a serious blow to their rights.
In the end, the Supreme Court sided with the Wetlands Council, saying Port City didn’t have the standing to appeal the permit. They pointed out that Port City doesn’t own the land, so they can’t claim to be aggrieved. The court noted that while Port City fears contamination from the new facility, they didn’t prove how the permit would directly harm their property rights.
Port City Air hasn’t commented yet, but this ruling definitely shakes things up for tenants in similar situations. It’s a reminder of how complicated these legal battles can get, especially when it comes to environmental issues.