TagNinth Circuit Court of Appeals(39)
The US Court of Appeals for the Ninth Circuit covers WA, OR and CA. It is the venue for cases concerning the FAA and Sea-Tac Airport. Although it consists of 29 judges, generally cases are heard by a mix of three judges, randomly assigned every month.
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2026-05-15AMENDED CERTIFIED INDEX TO THE ADMINISTRATIVE RECORD
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. -
2026-05-1525-7439 Amended Certified Index to the Administrative Record
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 -
2026-03-19Certified Index to the Administrative Record: Vashon Island Fair Skies v. FAA and City of Burien v. FAA (Nos. 25-7373 & 25-7439)
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. -
2026-03-19Certified Index to the Administrative Record: Vashon Island Fair Skies v. FAA and City of Burien v. FAA (Nos. 25-7373 & 25-7439)
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. -
2026-02-05Motion to consolidate petitions denied
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. -
2026-02-05Motion to consolidate petitions denied
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. -
2025-11-25Docketing Notice and Briefing Schedule: City of Burien, et al. v. Federal Aviation Administration, et al., Case No. 25-7439
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. -
2025-11-25
Docketing Notice and Briefing Schedule: City of Burien, et al. v. Federal Aviation Administration, et al., Case No. 25-7439
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. -
2025-11-24Docket Report: Vashon Island Fair Skies v. Federal Aviation Administration, Case No. 25-7373
ACMS Docket Report from the United States Court of Appeals for the Ninth Circuit, docket number 25-7373, Vashon Island Fair Skies v. Federal Aviation Administration, docketed 2025-11-24. Petitioner is Vashon Island Fair Skies, a Washington nonprofit corporation, represented by Steven M. Taber of Leech Tishman Nelson Hardiman, Inc. (Pasadena, CA). Respondent is the Federal Aviation -
2025-11-2425-7439 Petition for Review of Agency Order – City of Burien, City of Des Moines, and City of SeaTac v. FAA
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.