Category : Litigation(39)
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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. -
2002-06-03Legal Analysis of King County’s Role in Des Moines Beach Park Conveyor Belt Proposal
★Legal counsel James L. Brewer analyzes King County’s jurisdictional authority regarding a proposed fill material conveyor belt operation at Des Moines Beach Park. The memo examines property interests, covenants requiring park use only, and concludes the proposed 30-month project would be inconsistent with park purposes due to significant disruption. -
1996-03-27Final Decision on Noise Issues – Expert Arbitration Panel’s Review of Noise and Demand/System Management Issues at Sea-Tac International Airport
★In March 1996, an Expert Arbitration Panel reviewed whether the Port of Seattle had met noise reduction requirements set by the Puget Sound Regional Council as a condition for approving a third runway at Sea-Tac International Airport. A majority of the Panel concluded that, despite the Port's extensive noise abatement programs, it had not demonstrated a sufficient reduction in real, on-the-ground noise impacts to satisfy Resolution A-93-03. This decision left the noise condition as the sole remaining hurdle for authorizing the third runway's construction. -
1996-03-27
Final Decision on Noise Issues – Expert Arbitration Panel’s Review of Sea-Tac International Airport
★In March 1996, an Expert Arbitration Panel reviewed whether the Port of Seattle had met noise reduction requirements set by the Puget Sound Regional Council as a condition for approving a third runway at Sea-Tac International Airport. A majority of the Panel concluded that, despite the Port's extensive noise abatement programs, it had not demonstrated a sufficient reduction in real, on-the-ground noise impacts to satisfy Resolution A-93-03. This decision left the noise condition as the sole remaining hurdle for authorizing the third runway's construction. -
City of Burbank v. Lockheed Air Terminal
★ 32In one of the most maddening examples of airport law, the United States argued for reversal (ie. allowing for local airport control) of curfews. The FAA, which had previously supported the ban, adopted a neutral position when the The Department of Transportation, filed a Friend of the Court brief arguing for reversal. Summary Holding that -
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. -
2025-05-30U.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