ELR Citation: 54 ELR 20006
No(s). 22-1965 (3d Cir. Jan 4, 2024)

The Third Circuit denied petitions to review FAA's FONSI decision approving construction of a new terminal at an airport in New Jersey. Petitioners argued FAA erroneously determined that the project did not expand the terminal and would not induce air traffic growth, failed to consider the cumulative impact of past actions, failed to properly conduct an environmental justice analysis, and failed to perform a health risk assessment as part of its EA. The court found FAA reasonably determined that air traffic would likely grow at the airport regardless of whether a new terminal is built, and that a no-action alternative would fail to meet the purpose and need requirements because the existing terminal was already operating above maximum capacity. It further found FAA determined that the new terminal's impacts, even when combined with other impacts, would not be significant, that it conducted a reasonable environmental justice analysis, and that it acted reasonably in deciding not to a conduct a health risk assessment. The court denied the petitions.