TagFONSI(16)

The Federal Aviation Administration filed an amended certified index to the administrative record in two Ninth Circuit cases challenging the FAA's September 24, 2025, Finding of No Significant Impact/Record of Decision for near-term construction projects at Seattle-Tacoma International Airport. The cases were brought by Vashon Island Fair Skies and the City of Burien, among others, who are contesting the agency's environmental review of the airport expansion plans. The full administrative record was made available to petitioners via a secure file-sharing link in May 2026.

The Federal Aviation Administration filed a certified index to the administrative record in two Ninth Circuit cases challenging the FAA's September 24, 2025, Finding of No Significant Impact/Record of Decision for near-term construction projects at Seattle-Tacoma International Airport. The petitioners—Vashon Island Fair Skies and the City of Burien—are contesting the FAA's environmental review of the airport's Sustainable Airport Master Plan. The full administrative record was made available to petitioners' counsel via a secure file-sharing link on March 19, 2026.

City of SeaTac officials exchanged emails in November 2025 regarding a Petition for Review filed to appeal the FAA's NEPA Finding of No Significant Impact (FONSI) and Record of Decision, coordinated under an Interlocal Agreement (ILA) with the cities of Burien and Des Moines. A council member raised concern about the petition listing 'Attorneys for Vashon Island Fair Skies' rather than the three cities, to which Director Evan Maxim clarified that outside legal counsel Mr. Taber also represents other parties including Vashon Island in a related SAMP appeal, and that the reference was likely included by mistake. SeaTac is identified as the primary party in the event of any conflict of interest among the represented parties.

Three Washington cities near Seattle-Tacoma International Airport — Burien, Des Moines, and SeaTac — filed a legal challenge on November 24, 2025, asking a federal appeals court to review the FAA's September 2025 decision approving near-term construction and expansion projects under the airport's Sustainable Airport Master Plan. The cities argue the FAA's environmental finding, known as a FONSI/ROD, should be scrutinized by the Ninth Circuit Court of Appeals, which has jurisdiction because the cities are located within that circuit. The petition was filed on the last allowable day of the 60-day filing window, as the original deadline fell on a Sunday.

Law firm Leech Tishman Nelson Hardiman, Inc. sent this November 2025 letter to the cities of Burien, Des Moines, and SeaTac, Washington, along with Vashon Island Fair Skies, Inc., requesting their consent to be represented together in legal challenges against the FAA's environmental approval of near-term construction projects at Seattle-Tacoma International Airport. The firm explains that while a potential conflict of interest exists in representing multiple clients simultaneously, all parties currently share a common goal of contesting the FAA's Finding of No Significant Impact related to increased aviation noise. The letter outlines the conditions of the joint representation, including fee-sharing arrangements, attorney-client privilege limitations, and procedures the firm will follow if the clients' interests diverge.

Vashon Island Fair Skies (VIFS), a Washington nonprofit representing residents affected by aircraft noise, has filed a petition in the Ninth Circuit Court of Appeals challenging a September 2025 FAA decision approving near-term expansion projects at Seattle-Tacoma International Airport. The group argues that the FAA's environmental review failed to adequately address the significant noise impacts on Vashon and Maury Islands resulting from concentrated, low-altitude flight paths introduced under the FAA's NextGen navigation program. VIFS has been actively opposing these flight path changes since 2018, when new Performance-Based Navigation procedures began routing more aircraft directly over the islands at lower altitudes.

The cities of Burien, Des Moines, and SeaTac have jointly hired the law firm Leech Tishman Fuscaldo & Lampl to challenge the Federal Aviation Administration's approval of the Port of Seattle's Sustainable Airport Master Plan (SAMP). The firm will file a Petition for Review in the U.S. Court of Appeals for the Ninth Circuit, naming the FAA as the respondent. Under the agreement, SeaTac will receive and pay all legal invoices on behalf of the three cities, with legal fees starting with a $10,000 retainer and billed at $540 per hour for the lead attorney.