Piecemeal rollout suggests lack of shared commitment
Between November 3rd and November 13th, Burien, SeaTac, and Des Moines each voted unanimously to enter into an Interlocal Agreement (ILA) to retain outside legal counsel to challenge the Federal Aviation Administration’s Record of Decision (ROD) Finding of No Significant Impact (FONSI) for the Sustainable Airport Master Plan (SAMP). Without explanation, the City of Normandy Park, originally part of the four-city partnership since 2018, withdrew from the agreement.
Timeline
November 3, 2025: Burien City Council votes unanimously to move forward toward a final vote to renew the SAMP ILA. At that meeting, the council (and city) appears to believe Normandy Park is still a partner in the agreement. City Manager Bailon explains that financial participation is based on population and describes this as “typical, used to ensure equity.” He implies this fairness would mean that Normandy Park (1/3 the population of SeaTac) would not receive the same “benefits.” There is no discussion of costs or timeline or strategy.
November 7, 2025: Des Moines publishes its meeting agenda for November 13th, indicating Normandy Park has dropped out of the agreement, stating that Normandy Park has no objections to the airport expansion. There is no discussion of costs or timeline or strategy.
November 12, 2025: SeaTac City Council votes 5-0 to approve the three-city ILA. Director Evan Maxim confirms that “the city of Normandy Park has decided not to proceed with their signature on the interlocal agreement.”
November 13, 2025: Des Moines City Council also approves the ILA. This meeting reveals critical procedural and financial details not mentioned in other meetings. Presentation
The legal challenge
According to 1the agreement, the three cities are pursuing both NEPA and SEPA challenges:
NEPA (Federal): The goal is to to identify impacts and necessary mitigations not recognized in the SAMP ROD. The cities have retained Leech Tishman (specifically attorney Steven Taber) based in California to focus on the FAA’s NEPA actions.
SEPA (State): Washington State’s Environmental Policy Act requires both evaluation of impacts and potentially requires mitigation. Following completion of the FAA’s NEPA review and appeal period, the Port of Seattle will complete the SEPA review. Under Washington state rules, the Port may rely on portions of the NEPA review in making their SEPA evaluation. The cities have retained Ogden Murphy Wallace (specifically Jennifer Sansgrant), an in-state firm, to support both any potential NEPA appeal and any potential challenge to the Port’s eventual SEPA review.
Structure
Total Budget: According to SeaTac, up to $350,000 is authorized for legal counsel and consulting services.
Cost Sharing/Funding: The ILA assigns costs proportionate to population size. Normandy Park would have paid approximately 1/12th of total costs under the original four-city formula—that share is now divided among the remaining three cities:
- SeaTac: approximately 28% (roughly $97,000) using funds from their Fund 105 in the 2025–2026 biennial budget, not the general fund. This is the $1.4M annual stipend they receive from their (separate) ILA with the Port of Seattle.
- Burien: approximately 46% (roughly $161,000) from the General Fund. They appear to have no money allocated.
- Des Moines: approximately 26% (roughly $92,000) from the General Fund, although in 2024 they set aside $69,000 for a SAMP legal fund from a land sale with the Port of Seattle.
Administration and Decision Rules: SeaTac will handle contract and fiscal administration and coordinate invoicing and payments on behalf of the other two jurisdictions as their “in-kind contribution.” Each city will sign separate letters of engagement so that “each city can separately consult with the outside legal counsel without that consultation being subject to open public records”—suggesting some level of independent consultation is possible before deciding to move forward as a group.
Shared Response: However, the agreement calls for “a shared response on both NEPA and SEPA, with SeaTac taking the lead using its attorneys.” This means unanimous support by all three cities for any joint appeal either the FAA NEPA determination or a future SEPA determination by the Port of Seattle. Any city may withdraw from the agreement at any time, ending any cost sharing.
Normandy Park’s Withdrawal
When asked why Normandy Park withdrew, SeaTac’s Director Maxim stated: “I have not heard an official reason… My understanding anecdotally is that they were uncertain as to the fruitfulness of any potential challenge around either the NEPA review or SEPA review to the city of Normandy Park, but I could be mistaken.”
SeaTac Council Member Kwon added: “I do know that they are having some budget issues, challenges as well. So maybe that might be related to the decision.”
SeaTac Council Member Lovell expressed concern over the 2signal that withdrawal sends: “When you do not make your voice heard in this you are effectively saying that we do not object to any of your plans. This is your time to speak up and say you have an objection whether you believe it will be successful or not. This is how you preserve your options for future actions.”
Lovell continued: “Barring information that says, you know, this is just tough times and Normandy Park is doing their best to serve the residents in a tight situation, I will be very disappointed that they’re going to get the benefit of the other three cities taking this burden and our residents paying for that when in fact it wasn’t a budgetary decision.”
Next Steps
Filing the initial court paperwork to appeal the ROD costs approximately $1,000. That paperwork must be submitted by November 24th.
- This creates an 80-day window to file a legal brief challenging specific aspects of the SAMP/ROD, although staff seemed to think this could be extended.
- At the Des Moines meeting, Councilmember Harris expressed surprise that Burien had somehow been given access to, and already spent, $9,000 of the $69,000 Des Moines had previously set aside for SAMP Legal Defense. Staff had no explanation.
- He also asked whether the remaining $60,000 would go towards this legal cost share. Staff said that was not necessarily the case — but had no specifics.
Burien’s final vote on the agreement is scheduled for November 17, 2025. Assuming that goes ahead, administrators in all three cities must report back to their respective councils for some form of decision (appeal or attempt to extend) before the 80-day window closes.
Following completion of that review process, the Port of Seattle is expected to complete its SEPA review — now scheduled for Q4, 2025. At that point, the cities will determine whether to challenge the Port’s SEPA determination, which, under the terms of the ILA, would also require unanimous agreement.
1This is the Des Moines version. The language in all three versions appear to be functionally identical.
2We are also confused. Normandy Park’s recent update to their Comprehensive Plan specifically mentions the SAMP.