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 the long-accepted principal of “Judicial Deference” to the challenged decisions of Federal agencies to which
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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 aircraft/vehicle, or that contributes to, is required for, the safety of such operations” FAA Order…
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 for the Federal Aviation Administration for fiscal years 2024 through 2028, and for other purposes.”…
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 Deference to agency decision-making. Specifically, Judicial Deference has guided the Courts into accepting an agency…
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. Fed. Aviation Admin., 63 F.4th 835 (9th Cir. 2023) [hereinafter City of Los Angeles]. The…
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 more than $19 million to various universities and other organizations through the “ASCENT” program, a…
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, on the critical ground that “UC Berkeley failed to assess potential noise impacts from loud…
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 the Federal Aviation Administration (“FAA”) in blatant violation of the National Environmental Policy Act, 42…
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, FAA’s global resort to such an excuse (e.g., justification for changes to flight paths over…
Public Concern Grows Over Broad-Based CEQA Decision
Public concerns have been running amuck on the internet regarding the recent tentative decision by the California Court of Appeal for the First Appellate District in Make UC a Good Neighbor v. Regents of the University of California, et.al., Case No. A165451 (Trial Court Case No. RG21110142). The case involves a challenge under the California…