Davis Mountains Trans-Pecos Heritage Ass'n v. Federal Aviation Administration

309 F. App'x 820

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 5, 2009
• Docket: 07-60595
• Status: Unpublished

Opinion

PER CURIAM: *

Petitioner challenges the decision by the Federal Aviation Administration to adopt a supplemental environmental impact statement (SEIS) completed by the Air Force after our remand in Davis Mountains Trans-Pecos Heritage Ass’n v. FAA, 116 Fed.Appx. 3 (5th Cir.2004) (Davis Moun tains I). We held in that case that the respondents did not satisfy the National Environmental Policy Act, 42 U.S.C. §§ 4321-4370f, because they failed to address adequately wake vortex impacts and FAA comments. We are satisfied that the SEIS adequately addressed our concerns in Davis Mountains I, and that the FAA’s decision was not arbitrary or capricious. See Miss. River Basin Alliance v. Westphal, 230 F.3d 170, 174 (5th Cir.2000); 5 U.S.C. § 706.

PETITION DENIED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.