TagNinth Circuit Court of Appeals(34)

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.

Three Washington cities — Burien, Des Moines, and SeaTac — have filed a legal challenge in the Ninth Circuit Court of Appeals against the Federal Aviation Administration's September 2025 decision approving near-term expansion projects at Seattle-Tacoma International Airport. The petition contests the FAA's Finding of Significant Impact/Record of Decision related to the airport's Sustainable Airport Master Plan, which the cities argue warrants judicial review. The filing, submitted November 21, 2025, was made within the 60-day statutory deadline under federal aviation law.

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.

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.

Ninth Circuit Court of Appeals order filed January 28, 2020 in Case No. 18-71705, City of Burien v. Daniel K. Elwell (Acting Administrator) and Federal Aviation Administration. Panel of Judges Ikuta, Bennett, and Rakoff (sitting by designation from S.D.N.Y.) denies City of Burien’s motion to recall the mandate (Dkt. 61) and request for publication (Dkt.

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.

Ninth Circuit Court of Appeals mandate in Case No. 18-71705, City of Burien v. Daniel K. Elwell (Acting FAA Administrator) and Federal Aviation Administration. The formal mandate issued January 21, 2020 pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, giving effect to the court’s judgment entered November 27, 2019. Clerk Molly C.

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.

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 —