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 (2014) / Chapter Skim
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3 THE ROLE OF THE AIRPORT SPONSOR IN AIRPORT PLANNING AND ENVIRONMENTAL REVIEW OF PROPOSED DEVELOPMENT PROJECTS UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AND STATE MINI-NEPA LAWS By Timothy R
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4 form the basis for the statement of "purpose and need" required by NEPA.4 Another planning tool that may be a valuable resource in developing the Master Plan is a Noise Exposure Map (NEM) .5 A NEM illustrates the noise experienced by areas surrounding the airport due to existing development at the airport, with noise contours calculated according to the FAA's standardized methodology.6 A NEM depicting a proposed new development might not be prepared at the development planning stage (since a similar noise impact analysis will typically be required later under NEPA)
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5 Figure 1. Experience of Survey Respondents with Categorical Exclusions.
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6 • Mitigation measures that could reduce the adverse environmental impacts.26 These elements of a NEPA document (statement of purpose and need, discussion of environmental impacts, analysis of alternatives, and mitigation measures) are explained in greater detail in Section I.B.iii infra.
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7 Figure 2. Experience of Survey Respondents with Environmental Assessments.
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8 Figure 3. Experience of Survey Respondents with Environmental Impact Statements.
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9 impact category may be substantially the same in the EA and EIS.47 The FAA may determine that additional technical analysis is warranted for the EIS,48 especially for impact categories where the EA indicates that significant impacts are anticipated. The discussion of environmental impacts is to include not just the impact of the proposed development project, but also its cumulative impact in conjunction with "other past, present, and reasonably foreseeable future" development at the airport.49 Failure to adequately consider cumulative impact is one of the most likely reasons that a court might reject an EIS (or an EA/FONSI)
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10 velopment projects are practically never overturned due to inadequate analysis of alternatives.61 4. Mitigation Measures. -- The EIS is to discuss "[m]
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11 made to the proposed development project (or approved alternatives) or significant new circumstances or information become known relevant to the environmental impact of the project.72 Where an ROD has been issued, but more than 3 years have passed and the project has not been implemented, the FAA requires a written reevaluation of the EIS (or EA)
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12 documents are not required. One survey respondent stated, "In California, the NEPA process is often of far less importance than CEQA.
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