10.07.2015 Views

Memorandum Opinion and Order - US District Court - Northern ...

Memorandum Opinion and Order - US District Court - Northern ...

Memorandum Opinion and Order - US District Court - Northern ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

those environmental consequences.” S. La. Envtl. Council, Inc., 629 F.2d at 1011. “In otherwords, the agency is free to take the most environmentally costly course of action or alternative,so long as the environmental impact is fully identified in the EIS <strong>and</strong> the agency determines that‘other values’ outweigh the impact on the environment.” Citizens Concerned About Jet Noise v.Dalton, 48 F. Supp. 2d 582, 589 (E.D. Va. 1999).Here, this <strong>Court</strong> is persuaded that Defendants conducted an appropriate informalweighing of the merits <strong>and</strong> drawbacks of the RBTI consistent with Defendants’ reasonably statedpurpose <strong>and</strong> need. The AR repeatedly indicates that the thrust of the RBTI was to provideintegrated airspace to maximize quality training time <strong>and</strong> to minimize unproductive transit time.Plaintiffs have not established that Defendants’ proposed action was primarily driven byeconomic considerations or that Defendants painted a picture of unduly optimistic economicbenefits while simultaneously minimizing the potential adverse environmental consequences.Thus, this <strong>Court</strong> is convinced that a formal cost/benefit analysis was not required.Because Defendants were not required to prepare a formal cost/benefit analysis,Defendants were not required to assign specific dollar values to the expected benefits of theRBTI. Rather, Defendants were required to balance the favorable <strong>and</strong> adverse effects of theagency action, <strong>and</strong> this <strong>Court</strong> finds that Defendants did so. A review of the AR <strong>and</strong> FEISindicates that Defendants conducted a reasonably thorough discussion of the significant aspectsof the environmental <strong>and</strong> economic factors of the RBTI <strong>and</strong> that Defendants did not justify theirdecision based on economic considerations. Nothing more was required.In addition, because Defendants were entitled to rely on their own experts, so long as theexperts’ decisions were not arbitrary <strong>and</strong> capricious, “the mere presence of contradictory35

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!