ELR Citation: 41 ELR 20279
No(s). 10-70718 (9th Cir. Aug 25, 2011)

The Ninth Circuit remanded the FAA's decision not to prepare an EIS in conjunction with its approval of an airport runway construction project. Relying chiefly on two cases involving airport improvements—neither of which involved a new runway—the FAA argued that an EA need not account for the growth-inducing effects of a project designed to alleviate current congestion. But a new runway has a unique potential to spur demand, setting it apart from other airport improvements, like changing flight patterns, improving a terminal, or adding a taxiway, which increase demand only marginally, if at all. Thus, in instances where there is a potential to create demand, a case-by-case approach is needed. Even if the stated purpose of the project is to increase safety and efficiency, the agencies must analyze the impacts of the increased demand attributable to the additional runway as growth-inducing effects under 40 C.F.R. §1508.8(b). On remand, therefore, the FAA must consider the environmental impact of increased demand resulting from the expansion project, if any, pursuant to §1508.8(b).