Category : Litigation(40)
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2026-09-25High profile Sea-Tac air pollution class action lawsuit grounded by Ninth Circuit
Clean Air Act preempts state claims over aircraft pollution After three years, a widely-promoted class action lawsuit on behalf of residents around Sea-Tac Airport has finally been heard in federal court. The September 23 opinion by the Ninth Circuit Court of Appeals is not good. The original complaint tried to hold the Port of Seattle, -
2026-05-1525-7439 Amended Certified Index to the Administrative Record
The Federal Aviation Administration filed an amended certified index to the administrative record in two Ninth Circuit cases challenging the FAA's September 24, 2025, Finding of No Significant Impact/Record of Decision for near-term construction projects at Seattle-Tacoma International Airport. The cases were brought by Vashon Island Fair Skies and the City of Burien, among others, who are contesting the agency's environmental review of the airport expansion plans. The full administrative record was made available to petitioners via a secure file-sharing link in May 2026. -
2026-01-26Three City Summary of Draft Mediation Issue Proposals
This document outlines 18 proposed mediation issues submitted by the cities of SeaTac, Burien, and Des Moines in response to the FAA's environmental review of Seattle-Tacoma International Airport's Sustainable Airport Master Plan (SAMP) expansion projects. The proposals seek voluntary commitments from the Port of Seattle and FAA covering a wide range of community concerns, including nighttime flight noise reduction, air quality monitoring, sound insulation for schools and homes, traffic improvements, and a community benefits fund. All proposals are designed to work within existing legal frameworks without requiring the FAA or Port to reopen the environmental assessment. -
D.C. Circuit Court of Appeals Cracks Down on FAA Compliance with NEPA
A legal article categorized under 'Aviation & Airport' reports that the D.C. Circuit Court of Appeals cracked down on FAA compliance with NEPA (National Environmental Policy Act). The publication appears to be from a legal news outlet with a red 'IL' or 'JL' logo. -
2025-09-12Legal Services Agreement Regarding Issues Regarding Port of Seattle’s Sustainable Airport Master Plan (SAMP)
★In September 2025, the City of SeaTac, Washington engaged the law firm Leech Tishman Nelson Hardiman to provide legal counsel regarding the Port of Seattle's Sustainable Airport Master Plan (SAMP), specifically in response to an anticipated Federal Aviation Administration (FAA) Finding of No Significant Impact (FONSI) and Record of Decision (ROD). The firm's work includes preparing legal analysis, submitting comments, and filing a Petition for Review in either the Ninth Circuit or D.C. Circuit Court of Appeals challenging the FAA's environmental findings once published in late 2025. The engagement is capped at $300,000 with an initial $10,000 retainer, and billing rates range from $300–$400 per hour for associates to $540 per hour for lead attorney Steven M. Taber. -
2025-05-30U.S. Supreme Court Narrows NEPA Review
Court removes “indirect effects” requirement The U.S. Supreme Court issued a unanimous decision, on May 29, 2025, narrowing the scope of environmental review under the National Environmental Policy Act (NEPA). In Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court reversed in part the D.C. Circuit Court of Appeals’ finding that the Surface Transportation -
2024-11-27
CEQ’s Wings Clipped: D.C. Circuit Invalidates CEQ’s Binding Regulations
In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the National Environmental Policy Act (NEPA).1 The decision calls into question the legal basis for key aspects of NEPA compliance, including the use -
2024-11-26Alaska Air, Delta must face lawsuit over Seattle airport pollution
by Nate Raymond November 26, 20243:00 PM PST Alaska Air Group (ALK.N) and Delta Air Lines (DAL.N) have lost their bid to dismiss a lawsuit alleging that emissions from their aircraft at Seattle-Tacoma International Airport are responsible for a deadly mixture of toxic pollution. U.S. District Judge Jamal Whitehead in Seattle on Monday rejected the -
2024-11-12Marin Audubon Society v. Federal Aviation Administration: D.C. Circuit Court of Appeals Opinion No. 23-1067
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. -
2024-03-20District Court of The Hague Case number: C-09-632625-HA ZA 22-610 Foundation For The Right To Protection Against Aircraft Noise (RBV) vs. The State of Netherlands
ECLI:NL:RBDHA:2024:3734 Authority District Court of The Hague Date of judgment 20-03-2024 Date of publication 20-03-2024 Case number C-09-632625-HA ZA 22-610 Jurisdictions Civil law FeaturesSubstantive action, First instance – multiple Content indication Government liability; 8 ECHR; Aviation Act 1.1. In these proceedings, RBV claims that the District Court should rule that the State has acted unlawfully