TagCity of Burien(341)

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.

Ninth Circuit Court of Appeals unpublished memorandum decision in City of Burien v. Daniel K. Elwell and Federal Aviation Administration, No. 18-71705, filed November 27, 2019.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.

On November 19, 2019, the Burien Airport Committee and the Des Moines Aviation Advisory Committee held a joint meeting at Des Moines Beach Park Dining Hall to discuss airport-related legislative priorities and the conditions under which their cities might rejoin StART (Sea-Tac Airport Roundtable), a regional forum addressing Sea-Tac Airport impacts. The agenda included a report from a Legislative Agenda subcommittee and discussion of steps needed before re-engaging with the roundtable process. The meeting reflects ongoing community efforts by cities neighboring Sea-Tac Airport to coordinate policy responses to aviation noise and related concerns.

In this October 2019 letter, Port of Seattle Executive Director Stephen Metruck responds to Burien Mayor Jimmy Matta's questions about noise and other impacts from Seattle-Tacoma International Airport (Sea-Tac). Metruck emphasizes the Port's commitment to working with surrounding communities on economic opportunity, environmental sustainability, and quality of life, while noting that detailed responses addressing and correcting certain misperceptions about airport activities are attached. He highlights ongoing collaborative forums such as the StART and Highline Forum as key venues for identifying solutions to community concerns.

The Port of Seattle responds to questions from the City of Burien about aircraft noise studies, noise abatement procedures, and community mitigation programs at Seattle-Tacoma International Airport. The Port clarifies that its 2014 Part 150 noise study covered all three runways and actually showed a smaller noise-impacted area due to quieter aircraft technology, and that the upcoming Sustainable Airport Master Plan environmental review will further assess noise impacts. The document also addresses concerns about the pace of sound insulation programs, the transparency of the StART community advisory process, and the legal and regulatory constraints that limit the Port's ability to mandate certain noise reduction measures.