TagNEPA(144)

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 electronically on May 8, 2026.

The FCC and FAA have taken steps to regulate drone operations near critical infrastructure, with the FAA proposing a new petition-based system allowing facility owners to apply for drone flight restrictions over their sites. The proposed rule would create two levels of restricted airspace and applies to facilities across 16 critical infrastructure sectors, such as energy, transportation, and healthcare. State laws, such as Florida's Unmanned Aircraft Systems Act, may impose additional independent restrictions on drone operations beyond the federal framework.

This May 2026 ESA policy briefing provides an update on federal permitting policy, noting that all three branches of government — legislative, executive, and judicial — are actively shaping permitting decisions. A key highlight is that Trump's second term has seen a dramatically higher number of first-year executive orders than any previous administration in recent history, signaling an aggressive pace of executive action on regulatory and permitting matters. While the document focuses broadly on federal permitting trends, its content is relevant to infrastructure and environmental review processes that can affect airport-related noise and land-use decisions.

The Port of Seattle released a Draft Environmental Impact Statement (DEIS) under the State Environmental Policy Act (SEPA) for the Sustainable Airport Master Plan Near-Term Projects at Sea-Tac Airport, finding that surface transportation is the only category with significant impacts requiring mitigation. The review examined sixteen environmental categories including noise, air quality, and community impacts, with a 60-day public comment period running from May 22 to July 21, 2026, including in-person meetings in SeaTac, Burien, Des Moines, and Federal Way. A final SEPA determination is expected by the end of 2026.

Environmental Science Associates hosted a webinar examining rapid changes in federal environmental permitting, covering topics such as streamlined categorical exclusions under NEPA, cultural resources consultation under Section 106, and the growing use of AI tools in environmental review workflows. Experts noted that agencies face increasing pressure to accelerate infrastructure permitting timelines while maintaining legally defensible documentation, particularly as recent court decisions and regulatory rescissions create greater agency discretion and less standardized guidance. Organizations are advised to invest in adaptable workflows and early interagency coordination to manage permitting risk in this shifting landscape.