Grand Canyon Trust v. Federal Aviation Administration

The Federal Aviation Administration (FAA) (defendant) approved the construction of a replacement, larger airport for St. George, Utah, to be built near Zion National Park. Pursuant to the National Environmental Protection Act (NEPA), the FAA prepared an environmental assessment (EA) evaluating the environmental impact of the proposed project. The EA included a detailed, expert assessment of the incremental impact of the replacement airport on noise levels in Zion as compared to the existing airport. The FAA did not consider the noise impacts on Zion collectively with the noise from flights from other airports, from air tours in and over Zion, or from the planned expansion of other nearby regional airports. Based on the EA, the FAA concluded that the noise impacts on Zion from the replacement airport would be insignificant and that a full environmental-impact statement (EIS) was not required. The Grand Canyon Trust (the trust) (plaintiff) petitioned for a review of the FAA’s decision, arguing that the FAA failed to fulfill NEPA requirements because the EA only considered the incremental noise impact of the replacement airport as compared to the old airport and did not consider the cumulative noise impact on Zion’s natural quiet. The FAA countered, arguing it did not need to consider the cumulative impact on Zion’s natural quiet and that the noise impact of the project was insignificant because air-traffic noise would increase over time even without the construction of the replacement airport.