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Town of Barnstable, Mass. v. Federal Aviation Administration

ELR Citation: 44 ELR 20017
Nos. 12-1362, (D.C. Cir., 01/22/2014)

The D.C. Circuit denied petitions for review challenging FAA's determination that a proposed offshore wind farm in Nantucket Sound would not pose a hazard to air navigation. Despite petitioners' arguments to the contrary, the FAA's no hazard determinations were consistent with the agency's handbook provisions for determining adverse effects. In addition, the evidence supports the FAA's factual findings regarding anticipated impacts on radar systems in Nantucket Sound. And NEPA does not require FAA to perform or participate in an analysis of the environmental impacts of its no hazard determinations.