Seattle Community Council Federation, a Washington Nonprofit Corporation v. Federal Aviation Administration Samuel Skinner

Good Law
92 Daily Journal DAR 4813·961 F.2d 829·1992 U.S. App. LEXIS 6317·92 Cal. Daily Op. Serv. 3045
United States Court of Appeals for the Ninth CircuitApril 9, 199290-70253California2,935 words

Opinion

Opinion

Brunetti, J.

Petitioner Seattle Community Council Federation (“SCCF”) challenges an order of the Federal Aviation Administration (“FAA”) which changed the flight patterns of turbine-powered aircraft using the Seattle-Tacoma International Airport (“Sea-Tac”). The FAA issued a Finding of No Significant Impact (“FONSI”) caused by the changes, thus relieving the FAA of preparing an Environmental Impact Statement (“EIS”). SCCF claims that the decision not to prepare an EIS was unreasonable and failed to consider the significant noise impacts of the changes. We have jurisdiction to review an order of the FAA pursuant to 49 U.S.C.App. § 1486(a) (1988). We affirm the FAA’s order.

I. Facts and Proceedings

Sea-Tac is publicly owned by the Port of Seattle and has been in operation since 1944. Aircraft approach procedures which routed planes landing to the south over Elliott Bay and Puget Sound had been in place for approximately twenty years. In order to increase airport efficiency and maintain safety, changes to existing procedures were considered starting in the mid-1980’s.

In the latter part of 1989, the FAA issued an airspace study for Sea-Tac, analyzing thirteen different flight track patterns…

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