Monday, May 4, 2009

Natural Resources Defense Council, Inc. v. FAA

May 1: In the U.S. Court of Appeals, Second Circuit, Case No. 06-5267. The Panama City-Bay County Airport and Industrial District (the sponsor), a state-chartered entity that owns and operates Panama City-Bay County International Airport proposed to close the existing airport at Panama City FL and to construct a new airport in western Bay County (the West Bay Site). Pursuant to the Airport and Airway Improvement Act (AAIA), the Sponsor sought and obtained approval for the construction project from the Federal Aviation Administration (FAA).

Petitioners Natural Resources Defense Council et al (NRDC) challenged the FAA's decision as a violation of the AAIA and the National Environmental Policy Act (NEPA), and requested that the court enjoin the FAA from implementing its decision. The Appeals Court concluded that, "Because the FAA's decision is not 'arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law,' we deny the petition for review and the relief sought therein."

Access the complete opinion (click here).