On August 29, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a groundbreaking opinion vacating Federal Aviation Administration (FAA) RNAV routes serving Sky Harbor International Airport in Phoenix, Arizona. The court agreed with the City of Phoenix that FAA violated the National Environmental Policy Act, National Historic Preservation Act, and Section 4(f) of the Department of Transportation Act. The case is City of Phoenix v. FAA (D.C. Cir No. 15-1158) (August 28, 2017).
The opinion reflects the first time a court has struck down FAA NextGen airspace initiative flight procedures on environmental grounds. And, the decision contains important findings on issues with broader importance to airports nationwide, including:
Kaplan Kirsch & Rockwell represented the City of Phoenix in the litigation. For more information, please contact Peter Kirsch.