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Citizen Advocacy Ctr. v. DuPage Airport Auth.

ELR Citation: 28 ELR 21105
Nos. 97-2455, 141 F.3d 713/(7th Cir., 04/08/1998)

The court dismisses an organization's challenge to a county airport's runway extension for lack of subject matter jurisdiction. The court first holds that the county had no duty to hold a public hearing under 49 U.S.C. §47106(c)(1)(A), which requires the Secretary of Transportation to hold a public hearing when federal funds are granted for an airport development project. Because no federal funds were used for the extension, the duty to hold a public hearing cannot have been violated. The court also holds that the runway extension was not a major federal action under the National Environmental Policy Act (NEPA). No federal agency approved the project, or prepared a recommendation or report that the environmental impact statement could have accompanied. Furthermore, NEPA does not regulate local projects paid for by local revenues.

Counsel for Plaintiffs
Brian Barov, Ass't Attorney General
Attorney General's Office
State of Illinois Ctr.
100 W. Randolph St., Chicago IL 60601
(312) 814-2503

Counsel for Defendants
Marta Maria Guzman
Law Offices of Iain A. Macdonald
Two Embarcadero Ctr., Ste. 1670, San Francisco CA 94111
(415) 362-0449

Before Wood and Rovner, JJ.