AOPA et al. Update Complaint Protesting California 100LL Ban

The Aircraft Owners and Pilots Association (AOPA) and local co-complainants in California issued a 47-page filing last week with the U.S. Department of Transportation/Federal Aviation Administration against Santa Clara County in California with the goal of re-establishing the availability of 100 low lead (100LL) aviation fuel at Reid-Hillview Airport (KRHV). The new filing asks the FAA to reach a determination “without further delay” to a lawsuit protesting the county’s 2022 “unprecedented” fuel ban on 100 low lead (100LL) aviation fuel at the airport. AOPA General Counsel Justine Harrison told AVweb, "It's the most recent filing in the ongoing Part 16 airport compliance case that was filed with the FAA over two years ago by AOPA and co-complainants after the County’s 100LL ban at airports. Santa Clara County asked the FAA to dismiss the case in a Motion on November 12, and the Opposition to Motion document was filed in response."

Regarding the recent availability of GAMI G100UL 100-octane unleaded fuel at Reid-Hillview Airport and the introduction of Swift 94-octane fuel at San Martin Airport (KLID), Harrison wrote that while those measures “are incremental steps forward in the unleaded fuel transition, they are not a comprehensive solution. It is dangerous to create fragmented fuel availability for the piston fleet.”

AOPA and its co-complainants raised procedural and factual issues with the county’s latest legal move—a motion to “further supplement the record” following the announcement of the availability of G100UL at Reid-Hillview. AOPA noted in its most recent filing that since the ban on 100LL took effect on Jan. 1, 2022, “there has been one documented aircraft accident with serious injuries due to ‘fuel starvation’ and two documented misfuelings.” AOPA further cited uncertainty related to whether or not Swift 94UL could be mixed legally and safely with GAMI G100UL.

Harrison’s AOPA filing included: “This is why [the] continued availability of 100LL while 100 octane unleaded fuels become available is vital for safety, efficiency and airport access.”