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Court of Appeals Agrees That Environmental Review Not Required to Reroute Flights at Logan Airport

On December 18, 2008, the U.S. Court of Appeals for the First Circuit upheld the FAA's decision that the rerouting of flights at Boston Logan International Airport is categorically excluded from environmental review under the National Historic Preservation Act (NEPA).  The court in Town of Marshfield v. FAA upheld the FAA's interpretation of its order on the application of NEPA (Order 1050.1E) with respect to the categorical exclusion, the method of noise modeling, and the assessment of cumulative impacts.  The court also rejected petitioner's claims under NEPA and the Federal Advisory Committee Act.