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. A summary of the decision is provided below. The full decision can be accessed at the document links on this page.
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. 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 disagreed with the FAA’s assessments and 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. The court agreed with Clark County and granted the petition for review, vacated the FAA’s determinations, and remanded to the FAA for further explanation.
