Plaintiff, the Hualapai Tribe, maintained that defendant, the Federal Aviation
Administration (FAA), issued too soon Special Flight Rules regarding the reduction
of aircraft noise from sightseeing tours in the vicinity of Grand Canyon National
Park. The tribe asserted that when FAA was developing these rules, it failed
to consider whether establishing expanded flight-free zones would push aircraft
noise off the park and onto the Hualapai Reservation.
The tribe argued that the consequences of this decision would harm the tribe's
traditional cultural properties, sacred sites, ongoing religious and cultural
practices, natural resources, and economic development. It further alleged that
FAA's failure to consider these possible consequences violated the National
Historic Preservation Act, National Environmental Policy Act, Administrative
Procedure Act, and the United States' trust obligations to the tribe.
The court held that the tribe's arguments were not ripe because the routes the
air tours would take had not been determined, and the court could not assess
whether or how much these routes would affect the reservation.
The tribe also contended that the Government had failed to consult with it on
a government-to-government basis while developing the Final Rule, but reformulated
this position in oral argument, conceding that there had been consultations
but they were not meaningful. The court also postponed its review of this assertion,
finding that FAA still had time to satisfy any consultative obligations before
the final plan was implemented, and these claims would become ripe for the court's
consideration.
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