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.
FYI to the FAA on FLL: Approval of a Runway Extension in City of Dania Beach,
B.C. Envtl. Aff. L. Rev.
E. Supp. 69