ELR Citation: ELR 21110
No(s). 82-2528-K (D. Mass. Jul 30, 1987)

The court holds that the Federal Aviation Administration (FAA) is required to prepare an environmental assessment (EA) on changes in flight patterns and practices at Boston's Logan Airport. FAA regulations at all relevant times required either an EA or an environmental impact statement (EIS) when considering actions that were not categorically excluded from environmental review, but the FAA did not prepare either of these documents. The flight path changes made affected air traffic at less than 3,000 feet above ground level over residential areas, and so did not qualify for categorical exclusion. Although the flight path changes may have only redistributed flights over areas already affected to varying degrees, this does not waive the need for environmental review. The National Environmental Policy Act does not provide unfettered agency discretion to redistribute hardships among citizens, even if it is for the good of the whole community. Moreover, that the changes were the result of more traffic through the airport is not a defense; since the FAA did not make fact findings on this, they cannot be reviewed by the court. Moreover, the record would not support such a finding, since the changes constitute new preferred departure procedures of the FAA. The increased airport traffic was foreseeable, and the FAA's continuing inaction on it is sufficient legal causation. The FAA can not make a finding of no significant impact by implication, but rather must do so explicitly. The court orders the FAA to prepare an EA. Because on the record an EIS is not necessarily required, the court does not order one prepared but retains jurisdiction over the case.

Counsel for Plaintiffs
John Marshall
Homans, Hamilton, Dahmen & Marshall
One Court St., Boston MA 02108
(617) 523-3716

Counsel for Defendants
Frederick Dashiell, Ass't U.S. Attorney
P.O. & Courthouse, Boston MA 02109-4583
(617) 223-9404