Citizens committee recommends adding legal services to four-city airport ILA as SAMP moves to EIS stage

The Des Moines City citizens committee was briefed that the Sustainable Airport Master Plan (SAMP) environmental review has advanced to a full environmental impact statement (EIS) and that the Federal Aviation Administration (NEPA) record of decision and final environmental assessment are in place; the committee recommended that the four-city interlocal agreement (ILA) be amended to add shared legal services to support possible appeals.

Rebecca (city staff) told the committee the federal NEPA process recently produced a final environmental assessment and that the project is currently in a 60-day appeal period. She said the SAMP will require a state-level SEPA EIS as well, and that the port’s SEPA materials (a draft EIS) are expected later; in presentation slides staff said the port may provide a 30-to-60-day public comment period on the draft EIS. “We're currently in the 60 day appeal period,” Rebecca said.

Committee members discussed technical and procedural concerns the cities raised during the EA process, including baseline-date choices used in noise and other impact studies and questions about which studies the EIS will reuse from earlier work. Rebecca said some analyses were removed from the final EA under recent NEPA changes and noted SEPA’s review is generally broader. The committee heard that the cities are considering a proposed amendment to the existing ILA among Burien, Des Moines, Normandy Park and SeaTac to add legal services so the cities can pool resources if they choose to file appeals or take other legal steps.

The committee voted to recommend that council approve adding legal services to the four-city ILA. The motion was seconded and approved by voice vote; the transcript does not record mover and seconder names. Staff explained legal fees would be split among the four cities by population; Rebecca said Des Moines’s share would be approximately 27 percent of any pooled legal cost and that final approval would be made by city council.

The committee directed staff to prepare an ILA amendment draft and a short recommended letter with committee signatures for transmission to city council. Members also asked staff to provide links and guidance to the port’s SAMP/EA materials so they can review appendices and underlying studies in advance of the draft EIS; staff said the port site contains the EA, appendices and the comments-and-responses appendix.

Committee members discussed timing: the port indicated a quarter 1, 2026 release for a state-level CIPO/SEPA draft and said members will be notified 30 days in advance of the draft EIS release so committees can schedule review meetings. Several members emphasized the short public comment window the port may provide and the practical need for cities to coordinate responses and legal review in a compressed timeframe.

The committee agreed to return to the topic as a standing SAMP agenda item, to prepare draft comments, and to recommend that city council consider the ILA amendment at its November meeting so legal services could be available quickly if councils decide to proceed with an appeal.