TagNinth Circuit Court of Appeals(31)

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 —

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.

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.