2026-02-05
The U.S. Court of Appeals for the Ninth Circuit issued a procedural order on February 5, 2026, in two consolidated cases where Vashon Island Fair Skies and the City of Burien are challenging Federal Aviation Administration decisions, with the Port of Seattle as an intervenor. The court denied a request by petitioners to file separate opening briefs, and also denied—without prejudice—their request to file an oversized consolidated brief, requiring them to resubmit that request with a copy of the proposed brief attached. Key upcoming deadlines set by the court include the consolidated opening brief due March 30, 2026, the answering brief due April 29, 2026, and the Port of Seattle's intervenor brief due May 13, 2026.