TagNEPA(463)

The Burien Airport Committee held a virtual meeting on June 16, 2020, to discuss airport-related policy matters including a draft letter to Port Commissioners about the post-COVID 'new normal' for aviation, an update on the NEPA Environmental Impact Statement process, and coordination with other cities on re-engaging with the StART (Sea-Tac Airport Roundtable) forum. Minutes from the May 19, 2020 meeting reflect committee discussions about reduced flight noise during the Stay Home order and the need for strategic communication with Port Commissioners regarding economic development and airport expansion impacts on Burien residents.

In April 2020, U.S. Representatives Pramila Jayapal, Adam Smith, and Rick Larsen wrote to FAA Administrator Steve Dickson urging a full Environmental Impact Statement (EIS) for the Port of Seattle's Sustainable Airport Master Plan (SAMP), arguing that the FAA's planned limited Environmental Assessment was inadequate. The lawmakers contended that a comprehensive cumulative impact review was necessary to properly evaluate decades of growing noise and health impacts on communities surrounding Sea-Tac Airport. They warned that proceeding with a narrower assessment risked legal challenges that could delay critical airport infrastructure projects.

This April 2020 FAA Report to Congress evaluates alternative noise metrics to the current Day-Night Level (DNL) 65 decibel standard used to measure community aircraft noise exposure, as required by the FAA Reauthorization Act of 2018. The report reviews the history and definitions of various noise measurement tools, explains why no single metric can address all aviation noise situations, and examines the roles of both noise modeling and actual noise sampling. It was produced in response to congressional direction to assess whether better methods exist for capturing and addressing community concerns about airplane noise.

In a March 10, 2020 letter to Burien Mayor Jimmy Matta, FAA Regional Administrator David C. Suomi explained that an Environmental Assessment (EA) — not a full Environmental Impact Statement — is the appropriate level of review for Sea-Tac Airport's Near Term Projects (NTP), which are designed to meet projected demand through 2027. The EA will evaluate all resource categories and cumulative impacts from past, present, and foreseeable projects on and near the airport. The FAA noted that preparing an EA does not rule out a future Environmental Impact Statement if significant impacts are identified.

In March 2020, the Burien City Council wrote to the FAA requesting a comprehensive Environmental Impact Statement (EIS) that fully accounts for the cumulative noise and air quality impacts of Sea-Tac Airport's rapid growth, which saw operations increase by nearly 30% between 2014 and 2018. The letter argues that multiple airport expansion projects — including new terminal gates and altered flight paths — were each approved without significant environmental review, but together have caused substantial harm to surrounding communities. The council also cites a 2019 Ninth Circuit Court ruling that found the FAA failed to properly assess cumulative impacts, and demands the agency conduct a thorough analysis using a pre-expansion baseline of 2013.

The Port of Seattle requested $3.4 million in additional funding to complete environmental review studies required under federal (NEPA) and state (SEPA) law for planned near-term expansion projects at Sea-Tac Airport. The cost increase was driven by a two-year planning delay, expanded public engagement in multiple languages, additional technical analyses including aircraft noise, air quality, and environmental justice studies, and a decision to produce two separate review documents instead of one combined report. The contract with aviation environmental consulting firm Landrum & Brown brings the total project cost to $6.4 million.

The Burien Airport Committee met on January 21, 2020 to discuss key aviation issues affecting the city, including advocating for a full Environmental Impact Statement (EIS) from the FAA rather than a less comprehensive Environmental Assessment (EA) related to Sea-Tac Airport's growth. The agenda also covered topics such as the Port's fuel dumping policy, updates on community re-engagement efforts through StART, and a planned trip to Washington, DC to address airplane noise concerns. Draft minutes from the December 2019 meeting reflect ongoing debates about air quality, health, and safety impacts stemming from airport expansion projects like the International and North Terminals.

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.

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 —