TagCATEX(26)

This January 2020 FAA document updates a flight procedure at Seattle-Tacoma International Airport (SEA), allowing the airport's air traffic control tower to automatically direct southbound turboprop aircraft to make a westerly turn shortly after takeoff during north-flow operations, between 6am and 10pm. The change, which applies to roughly 90% of affected turboprop departures, was previously halted after the City of Burien filed a legal challenge. A thorough environmental and noise review found only minor noise increases in some areas, well below the FAA's thresholds requiring further review.

These documents relate to community and legal efforts surrounding Sea-Tac Airport flight path and environmental policy in late 2019 and early 2020. They include notes from a December 2019 call with attorney Matt Adams discussing the aftermath of a 9th Circuit Court ruling against the FAA's automated flight turn over Burien, and a letter from 350 Seattle urging Washington State to include climate impacts in a comprehensive Sea-Tac Airport impact study. Key topics include cumulative environmental review requirements, potential EIS obligations under NEPA, and the significant greenhouse gas emissions attributed to Sea-Tac operations.

Ninth Circuit Court of Appeals unpublished memorandum decision in City of Burien v. Daniel K. Elwell and Federal Aviation Administration, No. 18-71705, filed November 27, 2019. The court partially agreed with Burien that the FAA acted arbitrarily and capriciously under NEPA (42 U.S.C. §§ 4321 et seq.) by approving the ‘Burien 250 Turn’ procedure —

The City of Burien challenged the FAA's approval of a flight procedure that automatically routes southbound turboprop planes westward after takeoff from Seattle-Tacoma Airport, concentrating low-flying aircraft noise over the city. The Ninth Circuit Court of Appeals found that the FAA acted improperly by failing to consider all reasonably foreseeable future actions at Sea-Tac when it assessed whether the procedure's cumulative environmental and noise impacts warranted a full environmental review. The court agreed with Burien that the FAA's use of a categorical exclusion to bypass that review was arbitrary and capricious under the National Environmental Policy Act.

The Ninth Circuit Court of Appeals partly sided with the City of Burien in its challenge against the FAA's approval of a flight procedure that routes low-flying turboprop planes westward over Burien after takeoff from Seattle-Tacoma Airport. The court found that the FAA acted arbitrarily and capriciously by failing to consider all reasonably foreseeable future actions at Sea-Tac when evaluating whether the procedure's cumulative environmental and noise impacts required a full environmental review under the National Environmental Policy Act (NEPA). The FAA had attempted to exempt the procedure from such review by classifying it as a 'categorical exclusion,' but the court determined that the agency's cumulative impacts analysis was incomplete.

This 2018 FAA memorandum explains how a special environmental review shortcut—called a Categorical Exclusion (CATEX 1)—can be used to streamline approval of certain GPS-based flight procedures (RNAV/RNP) at major airports, including core hub airports like Sea-Tac, without requiring a full environmental impact study. The exclusion applies unless officials determine that extraordinary circumstances exist that could cause significant environmental harm, such as notable noise impacts on surrounding communities. Specific documentation and approval from FAA environmental and legal offices are required before the exclusion can be applied.

This document presents a community challenge to the FAA's environmental review (CATEX) of new flight routes near Seattle-Tacoma International Airport, arguing that the FAA's own noise analyses show significant noise increases in the surrounding General Study Area that exceed the agency's own significance thresholds. The authors contend that the FAA could not rely on the outdated 2013-2018 Port of Seattle Part 150 noise study, and that the FAA's independent analyses revealed noise level jumps ranging from 5.2% to nearly 60% across various decibel contours. The document concludes that the FAA's declaration of 'no noise impacts' is implausible given data showing that portions of previously quiet neighborhoods now experience non-compatible land use noise levels above 65 dB DNL.