Notes
U.S. Court of Appeals for the District of Columbia Circuit opinion in City of Phoenix, Arizona v. Michael P. Huerta and Federal Aviation Administration (No. 15-1158, consolidated with 15-1247), decided August 29, 2017. Circuit Judge Griffith authored the majority opinion; Senior Circuit Judge Sentelle dissented. The court held that the FAA’s September 2014 changes to flight routes at Phoenix Sky Harbor International Airport were arbitrary and capricious under the FAA Modernization and Reform Act of 2012 (Pub. L. No. 112-95). Challenged routes increased air traffic over historic neighborhoods, public parks, and historic properties by 300%, with 85% from jets. FAA issued a categorical exclusion (CATEX) from further environmental review under NEPA, finding no significant environmental impact despite noise modeling flagging areas as ‘potentially controversial.’ FAA consultation was limited to low-level City Aviation Department staff who disclaimed authority on environmental matters; senior city officials, elected officials, and State Historic Preservation Officer were inadequately engaged. Petitioners: City of Phoenix (counsel John E. Putnam, Peter J. Kirsch) and Story Preservation Association et al. (counsel Matthew G. Adams, Peter L. Gray). Respondents: FAA (counsel Lane N. McFadden, John C. Cruden).