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Marin Audubon Society v. Federal Aviation Administration: D.C. Circuit Court of Appeals Opinion No. 23-1067

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A federal appeals court reviewed a challenge by conservation groups to an Air Tour Management Plan regulating tourist flights over four national parks near San Francisco, including Golden Gate National Recreation Area and Point Reyes National Seashore. The Federal Aviation Administration and National Park Service had jointly issued the plan under the National Parks Air Tour Management Act of 2000, determining that no full environmental review was required because the plan would cause minimal additional environmental impact. The court considered whether the agencies properly bypassed environmental analysis under the National Environmental Policy Act.

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U.S. Court of Appeals for the District of Columbia Circuit opinion in Marin Audubon Society et al. v. Federal Aviation Administration, U.S. Department of Transportation and National Park Service, U.S. Department of the Interior, Case No. 23-1067, decided November 12, 2024. Petitioners challenge an Air Tour Management Plan (ATMP) issued jointly by the FAA and National Park Service under the National Parks Air Tour Management Act of 2000 (49 U.S.C. § 40128) governing commercial air tour flights over Golden Gate National Recreation Area, Muir Woods National Monument, San Francisco Maritime National Historical Park, and Point Reyes National Seashore. Central issue is whether the agencies were required to prepare an environmental analysis under the National Environmental Policy Act (NEPA) before issuing the ATMP. Panel includes Chief Judge Srinivasan, Circuit Judge Henderson, and Senior Circuit Judge Randolph; opinion is split with per curiam, majority, concurring, and dissenting portions.

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