ELR Citation: 51 ELR 20199
No(s). 20-70272 and 20-70464 (9th Cir. Nov 18, 2021)

The Ninth Circuit, 2-1, denied a petition for review challenging FAA's decision that found no significant environmental impact stemming from construction and operation of an air cargo facility at the San Bernardino International Airport. The state of California, environmental groups, a union, and individuals argued FAA's environmental review was inadequate and violated NEPA. The court concluded, among other things, that there was no reason to find FAA conducted a deficient cumulative impact analysis, that the petitioners failed to raise a substantial question as to whether the facility may have significant effect on the environment that required preparation of an EIS, and thus that they failed to establish that FAA acted arbitrarily or capriciously. It denied the petition for review.