TagFONSI(22)

Amended Certified Index to the Administrative Record filed in Ninth Circuit Court of Appeals cases No. 25-7373 (Vashon Island Fair Skies v. FAA) and No. 25-7439 (City of Burien et al. v. FAA). Respondents — represented by DOJ Environment and Natural Resources Division attorneys Rebecca Jaffe and Christopher Hair, and FAA Senior Attorney Patricia Deem

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.