By Lindsay Peyton
There may be hope for quieter skies over Burien.
At the end of last month, the U.S. Court of Appeals for the D.C. Circuit ruled against the Federal Aviation Administration, forcing it to change flight patterns that Phoenix, Ariz. residents complained were causing increased noise pollution in historic neighborhoods.
Now Burien residents are hopeful that the court’s decision will set precedence for a similar petition filed on their behalf.
The Burien Airport Committee discussed the subject during its meeting on Tuesday evening, Sept. 19.
Burien’s city attorney Lisa Marshall made a presentation to the group about the Arizona case to the committee.
She explained that in February, the City of Burien filed a petition in the U.S. District Court of Appeals for the Ninth Circuit, charging that new flight routes over the city were illegal.
The city retained the service of the same attorney from the Phoenix case, Matthew Adams of Dentons US LLP.
Burien resident Larry Cripe was instrumental in raising awareness about the ever-increasing noise coming from flights over the city.
The retired pilot for Alaska Airlines first addressed the Burien City Council in July in an attempt to understand why it seemed like more and more planes were flying overhead at all hours of the day and night.
Burien residents joined forces with Cripe and formed the nonprofit Quiet Skies Coalition.
Cripe, who also attended the Burien Airport Committee meeting, explained a few points in the case.
He said noise was increasing in Burien, because the FAA directed aircraft to turn immediately to the west and to cross through airspace at a 250-degree path over the city.
“They were turning directly over the city at a very low altitude,” he said.
“A lot of people were impacted and asked the city to do something,” Marshall added.
She noted that there has been very little response from the FAA on the matter.
U.S. Rep. Pramilla Jayapal intervened, asking the FAA to consider the impact on Burien citizens, and, Marshall believes as a result, the FAA agreed to perform a preliminary environmental analysis.
During that process, the FAA received 760 written comments from concerned citizens of Burien.
Still, Marshall said little has changed. She believes with the recent court ruling, the FAA could be more motivated to take action.
“Even though the facts are different in a few fundamental ways . . . I can’t imagine the court would reach a decision any different than it did in the Phoenix case,” she said.
Marshall believes Burien and the FAA could come to an agreement by rerouting planes – and settle the situation without going to court.
“We will keep on top of it,” she said. “No one benefits from litigation if it’s not necessary . . . If we can reach a satisfactory conclusion without litigation that’s preferable.”
Marshall said, while there are no scenarios where no one is impacted, a 290-degree path could be a better option.
“We feel like we’re getting somewhere,” she said. “I think it’s going well.”
Burien City Council member Nancy Tosta, who also serves as a member on the Airport Committee, said next steps could include discussing a regional airport plan – and joining with neighboring cities to create economically and environmentally viable options.
“There’s a need for regional and state leadership,” she said. “Let’s get our act together sooner rather than later.”
Burien City Council member Debi Wagner, also as a member of the Airport Committee,wrote the book “Over My Head,” about her fight against local airport expansion.
Her research has revealed that ultrafine particle pollution coming from planes’ exhaust affects communities miles away from the airport.
