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Monitoring Property & the Built Environment

Center for Community Action & Environmental Justice v. Federal Aviation Administration

Overview

Center for Community Action & Environmental Justice v. Federal Aviation Administration (U.S. Court of Appeals, 9th Cir., Nov. 18, 2021): The 9th Circuit upheld a Federal Aviation Administration (FAA) decision finding “no significant environmental impact” with respect to a planned construction project in San Bernardino, California. The construction project, a planned cargo facility at San Bernardino International Airport, necessitated issuance of an FAA environmental assessment. While a California-specific report found that the project “could result in significant impacts on air quality, greenhouse gas, and noise,” the 9th Circuit panel concluded that the FAA had not acted arbitrarily and capriciously in coming to a different conclusion. One judge strongly dissented, arguing that the case “reeks of environmental racism.” The dissenting judge found it difficult to square the FAA’s findings with California’s and highlighted high pre-existing pollution levels and the large population of people of color and people experiencing poverty living in the project area site. Read the full decision here.

View all cases in the Judicial Trends in Public Health – January 18, 2022.

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