Appeals court upholds northern flight route from McCarran

By Mary Manning, Cy Ryan

Friday, June 12, 2009 | 12:25 p.m.

CARSON CITY – A federal appeals court has denied a petition by the city of Las Vegas and many of its residents raising noise and safety concerns related to the flight paths of planes taking off from McCarran International Airport.

The 9th U.S. Circuit Court of Appeals ruled that the Federal Aviation Agency “did not act arbitrarily or capriciously” in finding there was no significant impact from its decision that one-third of eastbound flights could turn to the north of the airport instead of the south.

The city of Las Vegas and others brought suit in January 2007 seeking to overturn the FAA’s decision. The suit maintained that the direct flights over the densely populated areas of the city threatened the environment and safety of the population.

The decision, in an order signed by Judge Stephen Reinhardt, said the FAA took a “hard look” at the safety of the flight path. The court said a division of the FAA conducted a series of tests to affirm the level of safety of these flights.

The suit maintained the FAA failed to adequately analyze the impact on air quality and noise. Judge Reinhardt wrote that the FAA did not violate the Clean Air Act because the impact was small.

“We therefore conclude that the FAA did not need to conduct a full conformity determination under the Clean Air Act or an applicability analysis, because its proposed action was categorically de minimis.”

The FAA issued a statement on the decision: "The decision supports what the FAA said all along -- that we conducted the proper environmental reviews before reinstating the right turn department out of McCarran International Airport."

The petition was brought by the city, the Canyon Gate Homeowners Association, the Canyon Ridge Homeowners Association, Sun City Summerlin Community Association, the Environmental Coalition and several individuals including former Assemblywoman Valerie Weber.

The group filed a petition asking for an emergency order to stop the change in the flight path while the court considered its arguments. That was denied.

The court upheld the right of the city to bring suit because it claim the change in the flight path would damage the environment and safety in the area.

But the court upheld the FAA issuance in 2006 of “no significant impact” in the change of the flight path over north part of the city.

Representatives for the City of Las Vegas said they were reviewing the 15-page decision.