ELR Citation: ELR 21089
No(s). s. 90-4016, -4036 (2d Cir. Jun 25, 1990)

The court holds that the Federal Aviation Administration's (FAA's) finding of no significant impact under the National Environmental Policy Act (NEPA) for various proposed projects at the Westchester County Airport in New York was not arbitrary or capricious. The court holds that the FAA's actions are ripe, since the FAA can do nothing more in evaluating the environmental impact of the airport project, and withholding a decision at this point would create a hardship for Westchester County in its ability to secure funding. Moreover, the FAA complied with NEPA's requirements for public involvement in the preparation of environmental assessments. The FAA took a hard look at the potential environmental consequences by giving adequate consideration to the cumulative impact of the airport project, the public controversy surrounding it, and available alternatives.

Counsel for Petitioners
David Sive, Richard M. Hall, Andrew J. Gershon
Sive, Paget & Riesel
460 Park Ave., New York NY 10022
(212) 421-2150

Counsel for Respondents
Vicki L. Plaut, Peter R. Steenland Jr.
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Carol L. Van Scoyoc, Assistant County Attorney
148 Martine Ave., White Plains NY 10601
(914) 285-2660

Per curiam (before Meskill, Pierce, and Pratt, JJ.)