Skip to main content
LIRA@BC Law

Abstract

The Airport and Airway Improvement Act requires the Federal Aviation Administration to review project applications for airport development projects. Under the Act, FAA must prioritize a more environmentally preferable alternative unless it is not prudent. In City of Dania Beach v. FAA, the court upheld the agency’s definition of prudent, although it differed from the Supreme Court’s definition of the word under the Department of Transportation Act in Citizens to Preserve Overton Park v. Volpe. This Comment argues that the case law on administrative deference supports the court’s decision and that a general scheme of regulatory flexibility will be environmentally beneficial.

Files

File nameDate UploadedVisibilityFile size
6.pdf
7 Sep 2022
Public
205 kB

Metrics

Metadata

  • Subject
    • Environmental Law

  • Journal title
    • Boston College Environmental Affairs Law Review

  • Volume
    • 39

  • Issue
    • 3

  • Pagination
    • E. Supp. 69

  • Date submitted

    7 September 2022