Legal Aspects of Airport Programs, Topic 18-04. The Changing Landscape of Environmental Reviews under NEPA for Airports
ACRP Legal Research Digest 22: 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) explored legal issues in fulfilling requirements under the National Environmental Policy Act (NEPA). Over the last decade, significant changes to NEPA have affected these practices. Prior to 2025, the Federal Aviation Administration (FAA) and airports utilized the Council on Environmental Quality (CEQ) regulations to review projects subject to NEPA. In 2024 in Marin Audubon Society v. FAA, the U.S. Court of Appeals for the District of Columbia Circuit found the CEQ regulations ultra vires, and in 2025, in Seven County Infrastructure Coalition v. Eagle County, the U.S. Supreme Court held that agencies’ determinations related to the boundaries of environmental review are entitled to substantial deference, and clarified that reasonably foreseeable effects close in time and space to the project being reviewed are subject to the agency’s regulatory authorities. In February 2025, the CEQ regulations were fully rescinded. Subsequently, the U.S. Department of Transportation (DOT) issued Order 5610.1D, Procedures for Considering Environmental Impacts, and the FAA issued Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures. Additionally, the 2023 Fiscal Responsibility Act amendments to NEPA and the 2024 FAA Reauthorization Act resulted in significant changes to agencies’ historical NEPA practices. OBJECTIVES: The objectives of this research include the following: Provide an overview of how Section 743 of the FAA Reauthorization Act of 2024 intersects with FAA’s NEPA obligations (e.g., segmentation, connected actions); Summarize the major changes in statutory and regulatory requirements, and address how these changes interplay with state and local environmental laws; and Provide strategies for integrating local, state, and federal planning and environmental and permitting requirements to facilitate expedited project delivery.
- Record URL:
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Supplemental Notes:
- Contract to a Performing Organization has not yet been awarded.
Language
- English
Project
- Status: Programmed
- Funding: $110,000.00
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Contract Numbers:
Project 11-01, Topic 18-04
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Sponsor Organizations:
Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC United States 20591 -
Managing Organizations:
Airport Cooperative Research Program (ACRP)
Transportation Research Board
500 Fifth Street, NW
Washington, DC United States 20001 -
Project Managers:
Christensen, Jordan
- Start Date: 20270111
- Expected Completion Date: 0
- Actual Completion Date: 0
- USDOT Program: Airport Cooperative Research Program
Subject/Index Terms
- TRT Terms: Airports; Environmental impact analysis; Law; Regulations
- Identifier Terms: National Environmental Policy Act
- Subject Areas: Aviation; Environment; Law; Terminals and Facilities;
Filing Info
- Accession Number: 01971867
- Record Type: Research project
- Source Agency: Transportation Research Board
- Contract Numbers: Project 11-01, Topic 18-04
- Files: TRB, RIP
- Created Date: Nov 20 2025 3:14PM