On November 12, 2024, the District of Columbia Circuit Court of Appeals (“DC Circuit”) took a dramatic step on the rocky road to ensuring Federal agency compliance with the requirements of the National Environmental Policy Act (“NEPA”). In its opinion,
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THE UNITED STATES SUPREME COURT RETURNS POWER TO THE COURTS
On June 28, 2024, the United States Supreme Court sent a long, cold shiver through the ranks of Federal agencies in its landmark decision in the case of Loper Bright v. Raimundo, No. 22-451. In that decision, the Court defied…
FAA’S EXPANDED DEFINITION OF AERONAUTICAL ACTIVITY MAY NOT BODE WELL FOR RESIDENTS AROUND AIRPORTS
As if it didn’t have enough to do, the Federal Aviation Administration (“FAA”) is now proposing to expand the definition of “Aeronautical Activities”, which currently includes “any activity that involves, makes possible, is required for the operation of an…
FAA REAUTHORIZATION LEGISLATION IGNORES NOISE-IMPACTED COMMUNITIES
On June 13, 2023, a bipartisan Committee of the United States Senate jointly proposed legislation, S. 1939, to amend the Federal Aviation Act, 49 U.S.C. Section 40101 et. seq., the stated purpose of which legislation is to “authorize appropriations…
Supreme Court May Have Dealt Death Blow to Judicial Deference
Less than two weeks ago, the United States Supreme Court took the first of several actions meant to close the door on what has become a standard in opposing citizens’ efforts to challenge the missteps of administrative agencies, i.e. Judicial…
Flawed Data in EIS Noise Calculation Requires the FAA to Take a Second Look at the Airport Development Project at Burbank
In a split decision, the Ninth Circuit Court of Appeals rejected the FAA panel’s decision approving the construction of a new passenger terminal at Hollywood Burbank Airport based on a flawed Environmental Impact Statement (EIS). City of Los Angeles, California v.…
FAA and Congress Finally Awaken to Citizens’ Discontent with Aircraft Noise Impacts
Stirring from their usual slumber, in the face of increasing community dissatisfaction with respect to noise and emissions from aircraft overflight, the Federal Aviation Administration (“FAA”) and United States Congress each took some action in recent months. First, FAA awarded…
Court Decides That Its Decision in Make UC a Good Neighbor Does Not Unfairly Broaden the Scope of CEQA
Since our February 1, 2023 blog, concerning the California Court of Appeals tentative decision in Make UC a Good Neighbor vs. Regents of Univ. of California, et al., that Court has taken the definitive step of confirming its tentative decision,…
Ninth Circuit Issues Unprecedented Order Against FAA
On March 9, 2023, the Ninth Circuit Court of Appeals granted the “Motion to Enforce Judgment” filed by co-Petitioners Cities of Los Angeles and Culver City (“Cities”) in City of Los Angeles, et.al. v. Stephen Dickson, et.al. The Order found…
Washington Takes FAA to Task on Lack of “Safety and Efficiency” in the U.S. Air Traffic System
No matter what objection or challenge the United States taxpayers bring in response to Federal Aviation Administration (“FAA”) initiatives, FAA’s defense is always the same: changes are required for “safety and efficiency.” While that may be true in some instances,…