ELR Citation: ELR 20466
No(s). s. 85-4099, -4123 (5th Cir. Mar 12, 1986)

The court holds that the Federal Aviation Administration (FAA) reasonably concluded that opposition from a small percentage of the public affected by the proposed certification of the West Houston Airport for large-scale passenger carriers does not require preparation of an environmental assessment (EA) for the certification under FAA rules categorically excluding such actions from the EA requirement unless they are controversial. The court defers to FAA's interpretation of its regulations concerning the type of government opposition that triggers the controversial-certification exception. The agency had concluded that opposition from two school districts, the only government opponents of the action, does not activate the exception, apparently because the districts have no environmental responsibilities and simply share the interests of other neighbors of the airport. the court then rules that it was not clearly erroneous for FAA to conclude that plaintiffs did not qualify for the controversial-certification exception on the basis of general public opposition, since the agency had received only 120 letters and a petition with 558 signatures opposing certification of the airport, while the area affected had over 270,000 residents.

Counsel for Petitioners
Jeffrey Civins
Vinson & Elkins
First City Centre, 816 Congress Ave., Austin TX 78701-2496
(512) 495-8400

Counsel for Respondent
John T. Stahr, Jacques B. Gelin, Peter R. Steenland
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000

Before Thornberry and Rubin, JJ.