ELR Citation: ELR 20100
No(s). 06-5267 (2d Cir. May 1, 2009)

The Second Circuit denied a petition for review of an Federal Aviation Administration (FAA) order approving the relocation of the Panama City-Bay County International Airport to a new site in Florida. The FAA complied with the National Environmental Policy Act's procedural requirements in evaluating the proposal to build a new airport at the new site. The FAA adequately considered alternatives to the proposed site and its indirect and cumulative impacts, including impacts to the endangered ivory-billed woodpecker. And the FAA's determination that no prudent alternatives to the proposed new site existed was not arbitrary, capricious, an abuse of discretion, or otherwise contrary to law.