The Abuse of Power Connection - Alex Kozinski and the Hillsboro Airport

Miki Barnes
September 18, 2018

Recent reports have brought to the forefront the pervasiveness of sexual harassment at all levels of government. It is widely recognized that inappropriate sexual behaviors are often manifestations of a broader abuse of power, wherein those who perceive themselves to be in privileged positions feel entitled to force their will on others. The recipients of the sexual, emotional, mental, financial, psychological and physical abuse often feel trapped and unable to give voice to their plight due to fear of reprisal and retaliation. All too often those who do speak out are ignored, denigrated, ridiculed, disbelieved or subjected to degrading taunts and criticisms.

Of particular concern is the realization that many of those who engage in harassment have served in key local, state and federal political positions in all branches of government - executive, legislative and judicial. They are the very people responsible for sponsoring and upholding laws ostensibly intended to protect residents of this country. The magnitude of the abuse helps to explain why, for so long, those elected or appointed to these positions have intentionally promoted laws as well as work and living environments that allow these insidious abuses of power to be perceived as the norm rather than the aberrations they truly are. As a result the issue continues to fester.

A notable example of the seriousness of this problem involves a Ronald Reagan judicial appointee, Alex Kozinski. In December of 2017 he was forced to resign his position on the Ninth Circuit Court of Appeals after 15 women filed allegations of sexual misconduct. Among the accusers were lawyers, judges, law professors and legal clerks. The specific incidents cited occurred over a more than 30 year time span.[1]

Washington Post columnist, Ruth Marcus, in an article entitled The Creepiest Sexual Harassment Story We Aren't Talking About, characterized Kozinski as a highly influential and celebrated "icon among conservatives." She concluded that "...if the behavior is anything like what has been alleged, this man has no business sitting in judgment of others."[2]

But the sad reality is that Kozinski has sat in judgment of others for decades, and in that capacity has not only treated women inappropriately but also made decisions that contribute to the cycle of abuse perpetrated by corporations and government institutions that routinely force their will on others without the consent of the governed. Though not necessarily sexual in nature, pandering to corporate interests over the public good does rise to the level of an egregious misuse of power as well as an exploitation of the individuals, neighborhoods and communities routinely denied a voice in the process.

Kozinski – Chief Judge in the Ninth Circuit Court HIO Third Runway Decision

A case in point is related to the Port of Portland's decision to construct a third runway at the Hillsboro Airport (HIO), primarily to accommodate Hillsboro Aviation/Hillsboro Aero Academy. Despite a citizen challenge citing concerns about noise, lead emissions and other toxic pollutants in conjunction with consequent negative health effects, the Port of Portland (Port) and the Federal Aviation Administration (FAA) aggressively pressed forward with their expansion plans without a hearing. In response, Oregon Aviation Watch filed for an injunction on the construction of the runway pending appeal, but in 2014 the motion was denied.[3] In the end, the runway was built and in use before a hearing was even scheduled.

The Ninth Circuit Court Chief Judge for the decision was none other than Alex Kozinski, a man who, like the Port of Portland (Port), the FAA, and the flight training industry, has a history of forcing sordid decisions on others, all too often, against the will of the people.

The Port enjoys basking in its two-pronged municipality/corporate status, though unlike most other municipalities in the state, such as county and city governments as well as Port Authorities, it has no elected representation. The members of the Port's board are appointed by the governor and approved by the Oregon Senate - an approach that gives the Port powers that accord with an authoritarian style of governance. In this capacity the Port has levied taxes, issued bonds, passed ordinances, declared eminent domain and engaged in other actions that in democratic societies require a vote of the people.

Given the imbalanced and unjust nature of this power structure, it should come as no surprise that Judge Kozinski, who over the course of his career is alleged to have treated so many women in such a boorish and harassing manner, would align with an institution that bears similar characteristics.

Striking Parallels between Kozinski and the Port of Portland/FAA

Insofar as acting in sexually inappropriate ways is a manifestation of a broader abuse of power, the striking parallels between Kozinski and the Port of Portland/FAA are worthy of reflection.

Both Kozinski and the Port/FAA have a history of exhibiting callous, self-entitled behaviors that exploit and run roughshod over the rights of others.
Both have a history of forcing their will on others without consent - Kozinski towards colleagues and co-workers and the Port/FAA against entire communities - without providing for a vote of the people.
Both have a history of acting in an aggressive and hostile manner towards others - Kozinski by forcing co-workers into viewing porn on his workplace computer as well as making lewd, unwelcome sexual comments and overtures, and the Port/FAA by facilitating and encouraging tenants and users of the airport to repeatedly spew noise as well as copious, noxious diurnal and nocturnal emissions over homes and communities both close-in and at a distance from the airport. HIO remains the largest facility source of lead emissions in the state and is also a significant source of PM2.5, ethyl benzene, acrolein, formaldehyde, carbon monoxide, sulfur dioxide and other toxins.
Just as sexual perpetrators can be unrelenting in their inappropriate behaviors and often persist even when asked to stop, in a similar vein the Port/FAA has ignored the many people throughout this community who have repeatedly asked these agencies to stop the incessant noise and toxic pollution generated by student pilots, corporate and business jet owners, and recreational hobbyists associated with HIO, sadly all to no avail. As a result, these entrenched and institutionalized abuse patterns continue unabated.
In keeping with the long-established FAA, Port and State of Oregon policy of investing public monies into promoting the interests of for-profit aviation businesses, Kozinski and the other judges who allowed the Port to move forward with the construction of a third runway at HIO, gave no rationale whatsoever for their decision. In other words, concerned and negatively impacted residents were not even granted the courtesy of a respectful explanation. Similarly, the Port, which owns and operates HIO, also exhibits a guarded and patronizing attitude towards those interested in obtaining substantive information about what is going on at HIO. An illustrative example of this pattern is the Port's self-proclaimed ignorance regarding the activities and operations occurring at this airport.

Port Fails to Track Aviation Activity at HIO

In response to an Oregon Aviation Watch public records request seeking information on the number of aircraft each business at HIO bases at the airport, the Port disclosed that "a reliable history of based aircraft is not available" and also acknowledged that it does not collect information on how many aircraft each business at HIO bases at the airport. The Port further stated that the FAA keeps records of this nature but their databases are considered "Sensitive Security Information."[4]

In other words both the Port and the FAA, though more than willing to funnel public money into furthering the profit margins of the private businesses located at HIO, are choosing to shield them from accountability and transparency. This is particularly troubling in light of the significant number of operations at HIO which are devoted to training Chinese and other foreign nationals. It also begs the question of why the FAA, the Port and State of Oregon are foisting the cost as well as the negative environmental and public health impacts of the flight training industry onto U.S. commercial airline passengers, U.S. taxpayers and Oregon residents.

In any case, the Port also acknowledged that it does not collect information on the number of flight hours and operations flown by each business on an annual basis "nor does the Master Plan forecast aircraft operations for each business."[5]

The Port also claimed that it did not collect information on the number of training operations at HIO nor the types of aircraft student pilots are flying - fixed wing, helicopter, or jet. Nor does it collect information on how many student pilots are from Portland Community College (PCC), out of state or overseas.[6]

The Port's failure to require their tenants to provide basic reporting and forecasting data on past, current and future activities leaves the community vulnerable to the negative impacts of irresponsible stewardship of public funds, ongoing exploitation, pernicious pollution, and noise intrusions on behalf of HIO, PCC and flight training schools whose commitment to advancing the interests of foreign governments and business interests appears to exceed their commitment to transparency, accountability, the environment, livability and the very constituents who are forced to fund these ventures.

Bear in mind that when a government entity forfeits its responsibility to govern businesses and corporations that benefit from public money and resources, democracy has eroded. What remains is a corporate run authoritarian regime that at its core makes a mockery of democratic principles.

FAA and Port of Portland Force Public to Subsidize Hillsboro Aero Academy

It has become increasingly clear that the FAA is directing billions of dollars in transportation resources into training foreign pilots. Not only is the public routinely forced to foot the bill for infrastructure such as new runways and taxiways, they are also on the hook for the cost of maintaining and staffing air traffic control towers on behalf of this enterprise. The public also bears the health impacts caused by the considerable noise, lead pollution and environmental toxicity. The symbiotic relationship between the FAA and the Port of Portland serves as an illustrative example of this exploitation.

A majority of the aviation activity at the Port's owned and operated general aviation airports - Hillsboro and Troutdale - are on behalf of Hillsboro Aviation and Hillsboro Aero Academy. The publicly subsidized HIO third runway was built in large part to accommodate these two corporations. However, many of the pilots trained by these companies are from out of state and overseas.

Per the Hillsboro Aero Academy, "Since 1980, we have been training professional pilots with thousands of pilots trained from over 75 countries." There website also states that they "have representatives in many countries" that can help with the enrollment process. In this regard they list email addresses for contacts in 12 different countries including Austria, Brazil, China, Germany, India, Japan, Luxemborg, Myanmar, South Korea, Sri Lanka, Switzerland and Taiwan.[7]

A 2013 posting from the Hillsboro Aviation, now Hillsboro Aero Academy, provides additional detail on the foreign organizations and airlines that have made them "a leader in the industry."

Most are associated with China. Japan, Taiwan and Norway were also included on the list.

The Airline Pilot Association of Taiwan chose Hillsboro Aviation as its premier location to train.
The Japan Aviation Academy chose Hillsboro Aviation as their exclusive pilot training school.
Shanghai Airlines chose Hillsboro Aviation to train its pilots.
China Eastern Airlines chose Hillsboro Aviation to train its pilots.
Air China chose Hillsboro Aviation to train its pilots.
PTES (Cessna's single-engine piston airplane and Robinson helicopter dealer in China) chose Hillsboro Aviation as its U.S. aviation partner.
Luftfartsskolen School of Aviation in Norway chose Hillsboro Aviation to train its pilots.
The CAAC (Chinese government) approved Hillsboro Aviation to conduct both airplane and helicopter training.[8]

In late 2017, Hillsboro Aero Academy announced plans to move their Prineville flight training program to Redmond. The company president, John Hay, explained,

"...the move may eventually bring as many as 150 flight students, most of them Chinese, to Redmond. The move will allow the flight school, which also has campuses in Hillsboro and Troutdale, to expand into larger quarters and to make available to its students experience with tower operations at Redmond Airport."[9]

It is worth noting that the Redmond Airport has received millions of dollars in FAA and ConnectOregon subsidies. Leading Edge, a private business located at the Bend Municipal Airport, has also benefited from the public dollars lavished on this airport by the FAA and ConnectOregon. It too is engaged in training international pilots.

In addition, in 2018 Hillsboro Aero Academy entered into a partnership with Windells Sports Academy to provide pilot training to international and domestic high school students between the ages of 14 and 18.

"Students enrolling in the Windells Academy Aviation Program will have the potential to earn their licenses and ratings to become professional airplane or helicopter pilots and obtain an Associate of Applied Science degree in Aviation Science through HAA's unique partnership with Portland Community College."[10]

It is through aviation partnerships with community colleges such as PCC and Winchells Academy that young people are taught to exhibit disdain for livability, indifference towards the environment and health consequences, irresponsible behaviors in the face of global warming, and an unwillingness to honor even the most rudimentary of democratic principles, that this cycle of abuse is passed on to and perpetuated by younger generations. What a travesty!

Solutions

To insure the consent of the governed, all Port of Portland commissioners should be elected rather than appointed by the governor. Alternatively, in the absence of democratic process, the Port should be legislatively required to forfeit its municipality designation along with its power to levy taxes, pass ordinances, declare eminent domain and to engage in other activities accorded to municipalities in democratic societies.
All jurisdictions impacted by a Port of Portland aviation facility within its boundaries should be accorded the right to a separate and distinct elected board of commissioners: one for PDX, one for Hillsboro and one for Troutdale.
Local control over aviation should be established to insure that impacted residents and communities - rather than the FAA, Port authorities (including Port appointed master planning and advisory committees), and airport businesses - make decisions and offer advice that fully consider the impact of aviation activity on the long term health of the planet as well as the environment, the overall quality of life, and the ability of residents to enjoy their homes and properties.
As a part of their lease agreement, every business at HIO should be required to be completely transparent about the services they are providing and to whom in terms of country, state and county of origin. This information should be made readily available to the public at no cost on a monthly and annual basis.
The Port of Portland should also provide a detailed economic and jobs report specific to each airport it owns and operates. This should include the types of jobs, how much employees in each job category are paid, how many of the jobs are filled by local residents and how many jobs are going to out of state and foreign applicants.
The FAA should provide comprehensive information on how what percentage of the Airport Improvement Program (AIP) funds and additional taxpayer dollars are going towards General Aviation airports and air traffic control tower costs primarily to accommodate the flight training industry. The amount of money earmarked specifically for aviation businesses and airports that serve foreign interests should be disclosed along with amount of money directed towards accommodating recreational flyers and corporate jet owners.
U.S. senators and representatives should be held fully responsible for their complicity in supporting this sham. They have the option to challenge and oppose FAA funding schemes, but choose instead to promote the established status quo which rewards an entitled few by exploiting the many. As a result of their actions Oregonians and others around the country are subjected to ongoing noise, lead emissions, poor air quality, safety and security concerns along with a host of other ill effects.
All elected officials at all levels of government who are complicit in foisting the cost of training foreign flight students over our homes, neighborhoods, and communities while compromising the security, safety, health, air quality , and livability of local residents should be voted out of office at the earliest possible opportunity.

Airports Contribute to Elevated PM2.5 Levels

Given the increase in wild fire smoke in conjunction with already high Particulate Matter (PM2.5) in the Hillsboro area due to wood smoke, industrial pollution, and excessive aviation activity, it should come as no great surprise that there were a number of days in August of 2018 when the greater Portland region had some of the dirtiest and most polluted air on the entire planet, even worse than Beijing.[11]

On multiple days this summer, residents were alerted about high levels of PM2.5 and encouraged to avoid outdoor activity to reduce exposure to the negative health impacts. Though wild fires were cited as major contributors, airports are also known to generate high levels of PM2.5 in combination with a host of other pollutants. As noted in an Environmental Science and Technology report, "Aircraft engine exhaust emissions are a significant source of ultrafine particles (UFP; aerodynamic diameter <100 nm) and can cause several-fold increases in ground-level particle number concentrations (PNC) over large areas downwind of airports."[12] Though this and other aviation PM2.5 studies have focused on commercial passenger airports, exhaust from fossil fuel burning general aviation jets and aircraft also contribute to this toxic situation.

It is also important to recognize that high PM2.5 levels in Hillsboro predated the 2018 fire season by at least 7 years. In fact according to the Oregon Department of Environmental Quality (ODEQ), "Recent PM2.5 monitoring information shows that the monitor in Hillsboro, Washington County exceeded the federal fine particulate health standard in 2011 and 2013."[13] An article by Oregonian reporter Luke Hammill on this topic, explored the frustration voiced by residents about DEQ's focus almost exclusively on limiting wood burning stove emissions while allowing industrial polluters including airports to continue unabated.[14]

Concluding Comments

Alex Kozinski resigned from the Ninth Circuit Court following allegations that he abused his subordinates. When an individual has been given a public power, that power must be considered sacred and not be misused. Similarly, elected officials and institutions, such as the Port of Portland, PCC, and the FAA, have a responsibility to use their power for the benefit and protection of the people.

By crafting, executing and upholding laws that deprive residents of a voice in the process while pummeling homes and communities with relentless noise, lead emissions, PM2.5 and other toxic pollutants, government leaders have abandoned their responsibility to serve the greater good in favor of pandering to the self-serving few.

The time has come to put a stop to the chronic misuse of power exemplified by all sectors of the aviation community as well as the government and educational institutions that promote them. Members of the aviation sector are often quick to claim that what they are doing is legal, but in light of the abusive tendencies and complacency all too frequently displayed by those responsible for executing, legislating and upholding the laws in this country, it has become abundantly clear that many of the aviation and environmental laws they cite have no discernable connection with humane, ethical and moral standards.