Clark County Nevada v FAA: Petition for Review of a Decision of the Federal Aviation Administration

This court decision involves one of the first times a determination by the FAA involving wind turbines in proximity to an airport was challenged. The court found that the FAA erred in finding the turbines would not be hazardous to air navigation. The county disagreed and the court sided with the county. A summary of the decision is provided below. The full decision can be accessed at the document links on this page.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

For several years, Clark County, Nevada, has been working with the Federal Aviation Administration on plans for a new airport southwest of Las Vegas. As that process unfolded, an alternative-energy company notified the FAA that it wanted to build a wind farm of 83 electricity-generating turbines on a mountain a few miles from the planned airport site. The FAA concluded that the 400-foot-tall turbines would not obstruct the airspace near the airport site or pose a hazard by interfering with radar systems at the new airport. Clark County disagrees with the FAA’s assessments and has petitioned for judicial review of the FAA’s determinations, arguing that the agency failed to provide a reasoned explanation for purposes of the Administrative Procedure Act. We agree with Clark County. We therefore grant its petition for review, vacate the FAA’s determinations, and remand to the FAA for further explanation. 

Clark Co V Faa 9th Cir 2008 Wind Turbines At

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Source: https://www.aviationairport...

APR 18 2008
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