Third Circuit Upholds FAA’s New Jersey Airport Improvements Approval Under NEPA

March 2024

Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 4, Number 6

On January 4, 2024, the Third Circuit Court of Appeals upheld the Federal Aviation Administration’s (FAA) approval of airport upgrades to Trenton-Mercer Airport in New Jersey did not violate the National Environmental Policy Act (NEPA) requirements. Under the well-settled NEPA principles, the Court of Appeals deferred to FAA, when the FAA reasonably found that the airport upgrade itself would not increase air traffic, noise, or air pollution. Further, the court held that the FAA’s analysis of the cumulative impacts and environmental justice (EJ) issues was adequate under NEPA, and the environmental changes from the limited footprint of the construction activities would not affect children’s health in the nearby areas.

Subscribers to the Environmental, Energy, & Climate Change Reporter can read the full legislative update here.