Tag Archives: NEPA

FAA Fails to Address Crucial Problems In Implementing “CatEx2”

On August 3, 2015, the Federal Aviation Administration published its Final Notice to Announce Implementation of Section 213(c)(2) CATEX and Disposition of Public Comments in the Federal Register. http://1.usa.gov/1Kc2Eql.  This Categorical Exclusion was included in the FAA Reauthorization and Reform Act … Continue reading


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FAA Whiffs Again on “CatEx2,” Proposes Underwhelming Replacement to NAC’s “Net Noise Reduction.”

After the Congress put an aviation industry-friendly categorical exclusion into the FAA Reauthorization of 2012, the FAA could not figure out how to implement the provision that stated that in order for it to use the categorical exclusion, there had … Continue reading

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RTCA’s Paper on “CatEx 2” for NextGen Implementation is Legally Indefensible

Last year, the FAA Modernization and Reform Act of 2012 (FMRA) http://1.usa.gov/13T4RGi was passed. Included in that law was a provision that provided that: Any navigation performance or other performance based navigation procedure developed, certified, published, or implemented that, in the … Continue reading

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Third Circuit Ruling in Tinicum Township v. DOT Reveals Futility of Relying Solely on NEPA as a Method of Attacking Airport Expansion

  On July 6, 2012, the U.S Court of Appeals for the Third Circuit denied Tinicum Township, Pennsylvania’s Petition for Review of the Federal Aviation Administration’s approval of the expansion of Philadelphia International Airport. The western edge of PHL is … Continue reading

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D.C. Circuit Court of Appeals Decides Against Challenge to East Coast Airspace Redesign

In a per curiam Abbreviated Disposition that will not be published, the U.S. Court of Appeals for the District of Columbia Circuit summarily denied 12 separately-filed petitions for review that questioned the legality of the Federal Aviation Administration’s Environmental Impact … Continue reading

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