TagNinth Circuit Court of Appeals(31)

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 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.

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.

The U.S. Court of Appeals for the Ninth Circuit issued an order on February 5, 2026, in two consolidated cases challenging Federal Aviation Administration decisions related to Sea-Tac Airport, brought by Vashon Island Fair Skies and the City of Burien. The court denied petitioners' request to file separate opening briefs and also denied, without prejudice, their request to file an oversized consolidated brief. Key upcoming deadlines set by the court include a consolidated opening brief due March 30, 2026, a consolidated answering brief due April 29, 2026, and an intervenor brief from the Port of Seattle due May 13, 2026.

The U.S. Court of Appeals for the Ninth Circuit has opened a case (No. 25-7439) in which the cities of Burien, Des Moines, and SeaTac are jointly challenging the Federal Aviation Administration and U.S. Department of Transportation over airport-related policy. The petitioning cities must submit mediation questionnaires by December 1, 2025, and file their opening briefs by February 13, 2026, with federal respondents' answering briefs due March 16, 2026. Failure by the cities to meet the opening-brief deadline could result in dismissal of the case.

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.

Vashon Island Fair Skies, a Washington nonprofit corporation, has filed a petition for review against the Federal Aviation Administration in the U.S. Court of Appeals for the Ninth Circuit (Case No. 25-7373), docketed on November 24, 2025. The case challenges an FAA decision and is represented on the petitioner's side by attorney Steven M. Taber of Leech Tishman Nelson Hardiman, with the FAA and U.S. Department of Justice defending the agency's position. This case likely relates to aircraft noise or airspace management issues affecting Vashon Island, located near Seattle-Tacoma International Airport.

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.