ELR Citation: 56 ELR 20025
No(s). 24-9528 (10th Cir. Mar 3, 2026)

The Tenth Circuit denied a local helicopter operator's petition to review an order by FAA and the National Park Service issuing an air tour management plan for Bandelier National Monument. The operator argued the plan impermissibly banned all air tours in Bandelier without making the requisite significance finding under the National Parks Air Tour Management Act (NPATMA). FAA argued the operator misread the NPATMA by insisting that a finding of no significant impact for purposes of NEPA necessarily meant the significance threshold for NPATMA was not met. The court found the term "significantly" in NEPA did not mean the same thing as "significant" in the NPATMA, and that the agencies’ finding that cultural impacts were not “significant” was limited to NEPA. It further found it was reasonably discernible that the agencies—in repeatedly emphasizing cultural concerns—found these concerns to be NPATMA-significant. The operator also argued the plan violated NEPA and the National Historic Preservation Act (NHPA), but the court found the agencies prepared a detailed EA under NEPA and consulted a state historic preservation officer, many tribes, and the operator pursuant to the NHPA. It denied the petition.