TagNinth Circuit Court of Appeals(13)

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.

Court order from the Ninth Circuit Court of Appeals addressing two consolidated cases involving Vashon Island Fair Skies and City of Burien challenging the Federal Aviation Administration. The order denies motions for separate opening briefs and oversized briefs, while establishing deadlines for consolidated briefing.

Court order denying motions for separate opening briefs and oversized consolidated opening brief in two consolidated Federal Aviation Administration cases. Sets briefing schedule with consolidated opening brief due March 30, 2026.

A petition filed in the U.S. Court of Appeals for the Ninth Circuit challenging the FAA’s Finding of Significant Impact/Record of Decision for the Sustainable Airport Master Plan Near-Term Projects at Seattle-Tacoma International Airport. The petition was filed by three Washington cities seeking review of the September 24, 2025 FAA decision.

The Airport Communities Coalition (ACC) filed a motion with the Ninth Circuit Court of Appeals requesting permission to submit a legal brief that exceeds the standard 14,000-word limit, seeking to file one of 15,195 words instead. The case challenges the U.S. Army Corps of Engineers' approval of the Sea-Tac Airport Third Runway Project, one of the largest public works projects in Washington state history, involving the importation of over 23 million cubic yards of fill material. ACC argued the extra length was necessary due to the extreme complexity of the case, which spans a 100,000-page administrative record and raises multiple legal issues under the Clean Water Act and NEPA.

This January 2020 FAA document updates a flight procedure at Seattle-Tacoma International Airport (SEA), allowing the airport's air traffic control tower to automatically direct southbound turboprop aircraft to make a westerly turn shortly after takeoff during north-flow operations, between 6am and 10pm. The change, which applies to roughly 90% of affected turboprop departures, was previously halted after the City of Burien filed a legal challenge. A thorough environmental and noise review found only minor noise increases in some areas, well below the FAA's thresholds requiring further review.

These documents relate to community and legal efforts surrounding Sea-Tac Airport flight path and environmental policy in late 2019 and early 2020. They include notes from a December 2019 call with attorney Matt Adams discussing the aftermath of a 9th Circuit Court ruling against the FAA's automated flight turn over Burien, and a letter from 350 Seattle urging Washington State to include climate impacts in a comprehensive Sea-Tac Airport impact study. Key topics include cumulative environmental review requirements, potential EIS obligations under NEPA, and the significant greenhouse gas emissions attributed to Sea-Tac operations.

The Ninth Circuit Court of Appeals partly sided with the City of Burien in its challenge against the FAA's approval of a flight procedure that routes low-flying turboprop planes westward over Burien after takeoff from Seattle-Tacoma Airport. The court found that the FAA acted arbitrarily and capriciously by failing to consider all reasonably foreseeable future actions at Sea-Tac when evaluating whether the procedure's cumulative environmental and noise impacts required a full environmental review under the National Environmental Policy Act (NEPA). The FAA had attempted to exempt the procedure from such review by classifying it as a 'categorical exclusion,' but the court determined that the agency's cumulative impacts analysis was incomplete.