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SETTLEMENT AGREEMENT <br />City of Newport Beach and County of Orange v. FAA <br />The United States of America, acting through the Federal Aviation Administration <br />("FAA"), the City of Newport Beach ("City"), and the County of Orange ("County") (collectively, <br />"the Parties") enter into this Settlement Agreement ("Agreement"), by and through their <br />undersigned representatives, to resolve the disputes outlined below and pertaining to FAA's <br />Southern California Metroplex ("SoCal Metroplex") project which replaces dozens of existing <br />conventional air traffic control procedures with new satellite -based procedures at twenty-one <br />airports in Southern California. <br />Litigation <br />On or about October 27, 2016, the City filed a petition for review challenging the FAA's <br />Finding of No Significant Impact and Record of Decision ("FONSI/ROD") for the SoCal <br />Metroplex project under 49 U.S.C. § 46110 in the United States Court of Appeals for the Ninth <br />Circuit, which petition was subsequently consolidated with related petitions and transferred to the <br />United States Court of Appeals for the District of Columbia Circuit, Case No. 17-1008. <br />On or about November 14, 2016, the County filed a petition for review challenging the <br />FAA's FONSI/ROD for the SoCal Metroplex project under 49 U.S.C. § 46110 in the United States <br />Court of Appeals for the Ninth Circuit, which petition was subsequently transferred to the United <br />States Court of Appeals for the District of Columbia Circuit as Case No. 17-1009 and consolidated <br />with related petitions under Case No. 16-1366. <br />The Parties have reached an agreement to settle and stipulate to the dismissal of Case Nos. <br />17-1008 and 17-1009. <br />Agreement <br />NOW, THEREFORE, in consideration of the mutual covenants and other consideration <br />described herein, the Parties agree it is in the interest of the public and civil aviation to AGREE as <br />follows: <br />I. Complete Settlement of all Claims <br />The Parties agree that this Agreement upon execution shall resolve all claims by the City <br />and the County that have been brought, or could have been brought, in City of Newport Beach v. <br />FAA, No. 17-1008 (D.C. Cir.) and County of Orange v. FAA, No. 17-1009 (D.C. Cir.). <br />Within 30 days of this Agreement's execution, the City shall move to dismiss with <br />prejudice its petition for review filed in Case No. 17-1008. Also within 30 days of this Agreement's <br />execution, the County shall move to dismiss with prejudice its action to intervene in Case No. 17- <br />1008 and its petition filed in Case No. 17-1009, both of which are pending in the United States <br />Court of Appeals for the District of Columbia Circuit. <br />Page 1 of 9 <br />