The Role of the Airport Sponsor in Airport Planning and Environmental Reviews of Proposed Development Projects Under the National Environmental Policy Act (NEPA) and State Mini-NEPA Laws

Abstract

For proposed development projects at public airports, the Federal Aviation Administration (“FAA”) is responsible for compliance with the environmental review procedures of the National Environmental Policy Act (“NEPA”). However, development projects are proposed by airport sponsors, not the FAA. As the project proponent, the airport sponsor plays a significant role in the NEPA process. This paper explores the legal requirements that the airport sponsor and FAA must satisfy under NEPA, related “special-purpose” environmental laws, and state “mini-NEPA” statutes. This paper offers practical guidance to airport sponsors and their legal counsel on how to fulfill specific requirements for each type of NEPA action, or at each stage in the NEPA process. Issues examined include: (1) the roles and responsibility of the airport sponsor and FAA in addressing substantive environmental review requirements, such as formulating the proposed development project’s “purpose and need,” assessing its environmental impact, evaluating the feasibility of alternatives, and formulating mitigation measures; (2) logistical issues, such as the responsibility of the airport sponsor and FAA to coordinate the activities of other parties (such as environmental consultants, the interested public, and other government agencies with jurisdiction over specially-protected environmental resources); and (3) the roles and responsibility of the airport sponsor and FAA to hold public hearings, to make certain NEPA documents publicly available, and to respond to public records requests for other documents. The paper summarizes relevant statutes, regulations, FAA Orders and Advisory Circulars, and case law related to these legal issues.