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Seattle Community Council Federation v. F.A.A., 961 F.2d 829 (9th Cir. 1992)

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Four Post Plan

In 1992, the Ninth Circuit Court of Appeals upheld the FAA's decision to change flight patterns for turbine-powered aircraft at Seattle-Tacoma International Airport without preparing a full Environmental Impact Statement. The FAA had issued a Finding of No Significant Impact based on a computer noise model using the 65 decibel day-night sound level as the threshold for significant noise impact, which the court found to be a reasonable approach. The Seattle Community Council Federation had challenged the decision, arguing that the FAA failed to adequately assess the noise effects on surrounding communities.

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Ninth Circuit Court of Appeals decision in Seattle Community Council Federation (SCCF) v. FAA, No. 90-70253, decided April 9, 1992. SCCF challenged an FAA order implementing the Four Post Plan, which changed flight patterns of turbine-powered aircraft at Seattle-Tacoma International Airport (Sea-Tac). The FAA issued a Finding of No Significant Impact (FONSI) and declined to prepare an Environmental Impact Statement (EIS). The court affirmed the FAA’s order, finding it reasonable under NEPA to rely on the 65 Ldn contour threshold, the Port of Seattle’s 1988 computer noise model, and cumulative noise data without new physical studies. Key issues: NEPA EIS requirements, FAA Order 1050.1D, 40 C.F.R. §§ 1500-08, CEQ regulations, Day-Night Sound Level (DNL/Ldn) methodology, noise sensitive areas, FONSI, Environmental Assessment (EA), and cumulative impact analysis.

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