Town of Milton’s challenge to second satellite-based concentrated flight path dismissed

In a recent ruling, the United States Court of Appeals for the First Circuit dismissed the Town of Milton, Massachusetts’ petition for judicial review of the Federal Aviation Administration’s (FAA) decision to implement a new satellite-based navigation system at Boston’s Logan International Airport. The Town had objected to the FAA’s plan, citing concerns about increased air traffic and noise affecting its residents.

The FAA’s move aimed to enhance flight safety and efficiency but resulted in concentrating certain air traffic over Milton. Despite the Town’s extensive campaign against the new flight procedure, the FAA proceeded with its implementation, leading the Town to seek legal recourse.

In its petition, the Town argued that the FAA’s environmental analysis of the noise impacts did not comply with the National Environmental Policy Act (NEPA) and that the increased noise negatively affected its residents. However, the Court of Appeals did not delve into the merits of these contentions.

The FAA countered by asserting that the Town lacked standing to challenge the final order, emphasizing that the alleged harms were not legally cognizable harms to the Town itself. The court sided with the FAA, stating that the Town failed to demonstrate injury in fact to its own interests, a prerequisite for standing.

The ruling highlighted a broader legal precedent, citing other courts of appeals that dismissed similar challenges from municipalities to FAA orders due to a lack of Article III standing. The decision emphasized that municipal claims must demonstrate a direct and personal impact, rather than relying on harm to residents.

This dismissal underscores the importance of establishing standing in legal challenges and sets a precedent for future municipal disputes over FAA decisions.

Milton had been challenging a second concentrated satellite-based flight path over the Town.

Milton currently has one satellite-based flight path, but will have two in the near future.