News & Publications

U.S. Court of Appeals Rules FAA Erred Regarding Proposed Wind Turbines Near Planned Airport

On April 18, 2008, the U.S. Court of Appeals in Washington ruled that the FAA erred when it found that proposed wind turbines adjacent to a planned airport would not constitute a hazard to air navigation. In 2006, the FAA found that 83 proposed wind turbines would not constitute a hazard notwithstanding their close proximity to the land in Southern Nevada set aside by Congress for a new airport. Our client, Clark County, Nevada, challenged the FAA's determinations. The court found that the FAA had failed to follow its own guidance and that Clark County's evidence revealed potential radar interference. The court vacated the FAA's determinations and remanded the matter to the FAA.