Ninth Circuit Finds FAA Failed to Take Requisite ‘Hard Look’ Under NEPA at Noise Impacts From Airport Terminal Replacement Project

May 2023

Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 8

In City of Los Angeles v. Federal Aviation Administration the U.S. Court of Appeals for the Ninth Circuit panel (Panel), in a split 2-1 decision, held that the Federal Aviation Administration (FAA) did not comply with the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4370m-11 (1969), when it failed to adequately analyze simultaneous noise impacts that would accompany construction of the proposed replacement terminal for the Bob Hope “Hollywood Burbank” Airport (Project). In all other respects, the Panel agreed that the FAA’s environmental review of the Project, including the agency’s analysis of a reasonable range of alternatives, was adequate.

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