City of Mukilteo v. US DOT, No. 13-70385 (9th Cir. 2016)Annotate this Case
Petitioners challenged the FAA's decision that no Environmental Impact Statement (EIS) is necessary to commence operating commercial passenger service at Paine Field in Snohomish County. The court held that the scope of the FAA's demand-based projections were not arbitrary and capricious. In this case, the FAA determined that there were no connected actions for this project and petitioners have failed to provide anything more than mere speculation that the FAA’s actions now will lead to more aircraft activity at Paine Field in the future than covered in the Environmental Assessment (EA). Therefore, it was not arbitrary for the FAA to have included no connected actions in the final EA. The court also concluded that the FAA’s Finding of No Significant Impact was not predetermined by the creation of an optimistic schedule for completing the environmental review or statements favoring commercial service at Paine Field. Here, the FAA performed its National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4370h, obligations in good faith and did not prematurely commit resources to opening the terminal. Accordingly, the court denied the petition for review.