Neighbors Organized to Insure a Sound Environment, Inc. v. McArtor, 87-5693

• Decision Date: 29 June 1989
• Docket Number: No. 87-5693,87-5693
• Citation: 878 F.2d 174
• Parties: NEIGHBORS ORGANIZED TO INSURE A SOUND ENVIRONMENT, INC., Plaintiff-Appellant, v. T. Allan McARTOR, in his official capacity as Administrator, Federal Aviation Administration; and Metropolitan Nashville Airport Authority, Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 174

878 F.2d 174

NEIGHBORS ORGANIZED TO INSURE A SOUND ENVIRONMENT, INC., Plaintiff-Appellant, v. T. Allan McARTOR, in his official capacity as Administrator,

Federal Aviation Administration; and Metropolitan

Nashville Airport Authority, Defendants-Appellees.

No. 87-5693.

United States Court of Appeals, Sixth Circuit.

Argued Dec. 11, 1987.

Decided June 29, 1989.

William M. Barrick argued, Nashville, Tenn., for plaintiff-appellant.

William R. Willis, Jr. argued, Russell Willis, James C. Thomason, III, U.S. Attys. Office, Nashville, Tenn., Angus E. Crane argued, U.S. Dept. of Justice, Washington, D.C., Robert L. Klarquist, for defendants-appellees.

Paul S. Davidson, Stokes & Bartholomew, P.A., Nashville, Tenn., Everett H. Falk, for Metropolitan Nashville Airport Authority.

Before JONES and GUY, Circuit Judges, and LIVELY, Senior Circuit Judge. ^*

NATHANIEL R. JONES, Circuit Judge.

In this action under the National Environmental Policy Act ("NEPA"), 42 U.S.C. Sec. 4321 et seq., plaintiff-appellant Neighbors Organized to Insure a Sound Environment ("NOISE") appeals from the summary judgment entered for defendants-appellees T. Allan McArtor, Administrator of the Federal Aviation Administration ("FAA"), and the Metropolitan Nashville Airport Authority ("MNAA"). The district court held that defendants complied with the NEPA by preparing a sufficiently comprehensive environmental assessment ("EA") for the construction of a new terminal at the Nashville Airport. For the reasons that follow, we find that this case is moot.

I.

The district court opinion efficiently distilled a voluminous record and described in detail the airport expansion. Therefore, we summarize briefly the undisputed facts. NOISE is a not-for-profit Tennessee corporation whose membership is comprised largely of persons populating land tracts adjacent to the Metropolitan Nashville Davidson County Airport ("Metro Airport" or "Airport"). Defendant MNAA was created in 1969 by the Tennessee General Assembly, and is located in Nashville-Davidson County. MNAA owns and operates the Metro Airport, which is located approximately six miles southeast from downtown Nashville, and is responsible for planning and satisfying the air transportation needs of the greater Nashville area. Defendant T. Allan McArtor is the Administrator of the FAA, which is responsible for approving and funding airport expansion and development projects.

In 1971, the MNAA commenced a large-scale planning project designed to assess the future air transportation requirements of the greater Nashville area and to consider alternative sites for airport development. In order to complete this planning study, MNAA contracted with Peat, Marwick and Mitchell ("Peat Marwick") to prepare a comprehensive planning document ("Air Trade Study"). The Air Trade Study detailed the mix of facilities, property and services required to satisfy projected demand in the planning phase. The planning project was funded in part by the FAA, pursuant to Section 13 of the Airport and Airway Development Act of 1970. 49 U.S.C. Sec. 1701 et seq. (repealed 1982). The submission of a "Master Plan" to the FAA and its subsequent approval by the FAA is a prerequisite for federal funding. ¹

The Air Trade Study developed a long-range model for the region which included development strategies for the 1990 planning period and predictions for the post-1990 period. The following three criteria were employed by Peat, Marwick in preparation of the report: 1) that the site be adaptable to long-term expansion within its own boundaries; 2) that the site be compatible with future land use with the adjacent areas, with the primary emphasis on the impact of aircraft noise; and 3) that potential requirements beyond the post-planning period be considered in any site plan or alternative. Joint Appendix B at 104. The Air Trade Study made a series of conclusions and recommendations, which included that:

1. The most efficient and economical airline airport development program for the Nashville Metropolitan Region involves retention of air carrier activities at Nashville Metropolitan Airport so long as the existing airfield and terminal facilities can be used efficiently. The existing airfield is adequate to accommodate forecast air traffic demand throughout the 1990 planning period. Terminal facilities, on the other hand, must be expanded as soon as possible to accommodate immediate needs.

2. Prevailing land use patterns and environmental considerations may effectively preclude the development of the existing Nashville Metropolitan Airport for airline activity at some future date (most likely beyond the 1990 planning period) unless (a) major changes occur in the established urban development pattern of the Nashville Metropolitan Region, or (b) major innovations in aircraft technology significantly reduce the noise levels generated by the turbojet aircraft fleet and therefore markedly lessen their adverse impact on the surrounding community.

Joint Appendix Exhibit B at 109. The study also recommended long-range alternatives to the Metro Airport, including the development of Smyrna Airport, ² and the possibility of a new airport site.

In 1971, several studies were prepared regarding the possible expansion of the Metro Airport. MNAA administered a noise impact analysis for a future parallel runway. MNAA also conducted research regarding cost projections for further expansion at the Airport. The Nashville Chamber of Commerce commissioned an additional study, and MNAA engineers produced an in-house report. In January 1972, MNAA decided to continue development of the existing facility beyond the 1990 planning period.

MNAA requested that Peat Marwick assist in preparing a Master Plan for submission to the FAA. The Master Plan was completed in 1973, and was subsequently approved by the FAA in 1974. The Master Plan stated that the existing terminal complex required immediate improvements to manage the operational deficiencies and to satisfy 1980 passenger load requirements. Alternatives were advanced for the terminal complex development at Metro Airport. The Master Plan recommended either the expansion of the existing terminal complex on the existing terminal site or development of a completely new terminal complex or a new terminal site. The Master Plan further stated that because the existing terminal facility had passenger load constraints relative to future demand, an area between the north-south runways had been reserved should MNAA elect the latter option. Finally, the Master Plan noted that "no major airfield improvements (new runways) are contemplated in the [1990] forecast period...." Joint Appendix Exhibit C at 36. At the same time MNAA was developing a Master Plan, it approved the idea of building a new terminal site between the north and south runways. MNAA approved the north-south runway option because of greater land use efficiency and airspace considerations.

Another plan called the "Terminal Evaluation Study" was initiated and completed by MNAA in 1974. The Terminal Evaluation Study stated that MNAA's long-term planning objectives could only be satisfied through the development of a new terminal complex. This study observed that existing terminal facilities had critical operational deficiencies which required interim improvements. Further, the study urged that once the existing terminal crossed the 1.3 million passenger threshold, MNAA should proceed with development of the new terminal complex.

MNAA developed a land use plan which assisted in the planning of the new parallel runway. In 1975, MNAA initiated a program, based on the Master Plan, to purchase or condemn almost 950 acres of property east of the Airport. The Master Plan stated that the lots in that area were "largely unimproved at the present time" but continued that "if the demand for [these] lots continues as expected, this part of Davidson County may be fully developed for residential use by the end of the current decade." Joint Appendix Exhibit C at 36. An environmental impact assessment report was furnished for this program, and MNAA obtained an amendment to the "Comprehensive Zoning Ordinance" which discouraged development of any project inconsistent with Airport activities within a reasonable area of the Airport.

Planning for the new terminal complex commenced sometime in 1978-1979, when the existing terminal approached the 1.3 million passenger mark. In 1979, MNAA completed an update to the Master Plan which stated that the new terminal would be pier-shaped and that it would be constructed in two stages. In 1980, Landrum and Brown, Inc., prepared an EA for the proposed terminal. The 1980 EA found that "no significant impacts are anticipated to occur from the project and consequently no mitigating measures are deemed necessary." Joint Appendix Exhibit E at V.2-2. In July 1981, after review by various governmental agencies, including the Environmental Protection Agency, the FAA issued a finding of "no significant [environmental] impact" for the new terminal. In March 1982, after filing of a public notice, MNAA issued notice that it would proceed with the terminal construction.

MNAA proceeded with construction of the new terminal complex in March 1982. In March 1985, American Airlines ("American")...