ELR Citation: 56 ELR 20024
No(s). 24-2477 and 24-2503 (9th Cir. Mar 2, 2026)

The Ninth Circuit dismissed for lack of standing two cities' petitions to review FAA's publication of its categorical exclusion (CE) and record of decision (ROD) related to implementation of new flight procedures at various airports in Southern California. The cities argued they suffered a procedural injury caused by FAA's failure to comply with NEPA by issuing the CE and ROD without articulating an adequate or plausible rationale. The court held the cities' challenges to the 2018 amendments to the flight procedures were timely, but that they failed to demonstrate standing because they failed to show there was a reasonable probability that the 2018 revisions threatened their natural resource interests. It dismissed the petitions for lack of standing.