Kaplan Kirsch & Rockwell represented the City of Phoenix in the first successful judicial challenge to FAA flight procedures based on failure to comply with environmental laws.  The United States Court of Appeals for the D.C. Circuit found that FAA’s implementation of NextGen departure procedures at the Phoenix Sky Harbor International Airport did not comply with the National Environmental Policy Act, National Historic Preservation Act, and Section 4(f) of the Department of Transportation Act.  Following the court’s decision, the Firm assisted the City in successful negotiations with FAA to return to previous flight paths and overlay with the newer NextGen technology to reduce community noise exposure.