Jump to Navigation
Jump to Content

Winthrop, Town of v. Federal Aviation Admin.

ELR Citation: 38 ELR 20184
Nos. No. 07-1953, (1st Cir., 07/23/2008)

The First Circuit denied a petition for review of a Federal Aviation Administration (FAA) order permitting the construction of a new taxiway at Boston's Logan International Airport. The new taxiway is intended to ease congestion at the airport, thereby reducing the amount of time planes spend idling on the airfield and causing an overall reduction in noise and air pollution. The petitioners argued that the FAA acted arbitrarily and capriciously in deciding that it did not need to prepare a supplemental environmental impact statement (EIS) before issuing its final order. But the FAA adequately considered the continuing validity of the data underlying the final EIS. Data remain "current" if there has been no major change that would cause one to expect contemporaneous conditions to vary significantly from conditions at the time the data were gathered. By validating through a consultant's report that more recent conditions generate similar data as the data used in the original EIS, the FAA could reasonably conclude that all the data still reflected current conditions. In addition, the FAA's determination that there was no significant new information about the presence of ultrafine particular matter was not a clear error in judgment.