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City of Mukilteo v. U.S. Department of Transportation: Ninth Circuit Opinion on FAA Environmental Review for Paine Field Commercial Service

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A federal appeals court denied a challenge by the cities of Mukilteo and Edmonds, Washington, along with local residents and advocacy groups, to the FAA's decision to open Paine Field near Everett to commercial passenger service without requiring a full Environmental Impact Statement. The court ruled that the FAA's environmental review process was conducted in good faith and was not arbitrary or capricious, finding that the agency properly assessed foreseeable noise and environmental impacts under the National Environmental Policy Act.

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Ninth Circuit Court of Appeals opinion (No. 13-70385) denying petition for review filed by City of Mukilteo, City of Edmonds, Save Our Communities, Michael Moore, and Victor M. Coupez against the U.S. Department of Transportation, FAA, and FAA Northwest Mountain Region. The panel, per Judge Tallman, upheld the FAA’s Finding of No Significant Impact (FONSI) and Environmental Assessment (EA) for commencing commercial passenger service at Paine Field near Everett, Washington. The court held that the FAA’s NEPA review was not arbitrary and capricious, that demand-based flight operation projections were reasonable, that no connected actions under 40 C.F.R. § 1508.25 were improperly omitted, and that the FAA’s process was not predetermined or biased. Barbara E. Lichman of Buchalter Nemer argued for petitioners; Lane N. McFadden argued for respondents.

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