Background

Prior to 2025, the FAA and airports utilized the Council on Environmental Quality (CEQ) regulations to review projects subject to the National Environmental Policy Act (NEPA). In 2024 in Marin Audubon Society v. FAA the DC circuit found the CEQ regulations ultra vires and in 2025, in Seven County Infrastructure Coalition v.  Eagle County the U.S. Supreme Court held that agencies’ determinations related to the boundaries of environmental review are entitled to substantial deference, and clarified that reasonably forseeable effects are close in time and space to the project being reviewed, and subject to the agency’s regulatory authorities. The CEQ regulations were fully rescinded in February 2025. Subsequently, the U.S. Depertment of Transportation (DOT) issued Order 5610.1D, Procedures for Considering Environmental Impacts, and FAA issued Order 1050.1G, FAA National Environmental Policy Act Implementing Procedures. Additionally, the 2023 Fiscial Responsibility Act ammendments to NEPA and the 2024 FAA Reauthorization Act resulted in significant changes to agencies’ historical NEPA practices.

Objective

This report will summarize the major changes in statutatory and regulatory requirements, provide an overview of how Section 743 of the 2024 Reauthorization Act intersects with FAA’s National Enviornmental Policy Act (NEPA) obligations (e.g. segmentation, connected actions), and address how these changes interplay with state and local environmental laws. It should provide strategies for integrating local, state, and federal planning and environmental and permitting requirements to facilitate expedited project delivery. This report should update ACRP LRD 22, The Role of the Airport Sponsor in Airport Planning and Environmental Reviews of Proposed Development Projects Under the NEPA and State Mini-NEPA Laws.

Status RFP expected in September 2026