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CONTENTS I. Introduction, 3 A. Scope, Purpose, and Need, 3 B. Summary and CommentâStrategies and Outcomes, 3 II. Environmental Law Challenges, 4 A. National Environmental Policy Act of 1969, 4 B. Standard of Review Under NEPAââArbitrary or Capricious,â 8 C. Challenges to FAA Determination to Issue a FONSI, 9 D. Challenges to Whether FAA Adequately Considered Alternatives Under NEPA, 10 E. Challenges to Whether FAA Adequately Considered Cumulative Effects Under NEPA, 11 F. Challenges to Whether FAA Properly Considered Mitigation Under NEPA, 13 G. Challenges to Whether FAA Has Properly Supplemented an EIS Under NEPA, 14 H. Litigation Brought Under State Environmental Policy Acts, 14 I. Litigation Brought Under the Endangered Species Act, 16 J. National Historic Preservation Act, 17 K. Department of Transportation Act, Section 4(f), 19 L. Clean Air Act, 21 M. Clean Water Act, 23 III. Constitutional Law Challenges, 25 A. Preemption, 26 B. Free Exercise of Religion, 31 C. Due Process, 33 D. Lack of Representation, 34 IV. State Law Issues, 34 A. State Law Preemption Issues, 34 V. Jurisdictional Issues, 37 A. Subject Matter Jurisdiction, 37 B. Standing, 38 C. Other Jurisdiction IssuesâTimeliness and Mootness, 40 VI. Challenges to Passenger Facility Charges, 42 A. Challenge to Passenger Facility Charge Determination Remanded to FAA for Further Consideration, 42 B. Challenge to Passenger Facility Charge Denied, 42 VII. Other Statutory Challenges, 43 A. Religious Freedom Restoration Act, 43 VIII. Conclusion, 43 Appendix AâTable of Cases, Laws, and Rules, 45 Appendix BâQuestionnaire, 52 Appendix CâQuestionnaire Recipients and Respondents, 54
