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Grand Canyon Trust v. Federal Aviation Administration

Where FAA approved plan to construct a replacement airport near national park, petition for review of decision granted; case remanded because record was insufficient to determine whether an environmental impact statement was required.

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Argued April 11, 2002

Opinion for the Court filed by Circuit Judge Rogers.

The Grand Canyon Trust petitions for review of the decision of the Federal Aviation Administration (“FAA”) approving the federal actions necessary to allow the city of St. George, Utah, to construct a replacement airport near Zion National Park. The Trust challenges the adequacy of the FAA’s environmental assessment under s 102(2)(C) of the National Environmental Policy Act of 1969 (“NEPA”), 42 U.S.C. s 4332(C) (1970), and the FAA’s conclusion that there would be no significant environmental impacts from the project necessitating preparation of an environmental impact statement under NEPA. Focusing on the noise impacts on the Park, the Trust principally contends that the FAA failed adequately to consider the cumulative impact on the natural quiet of the Park and instead addressed only the incremental impact of the replacement airport. We grant the petition.

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