Notes
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.