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NEPA: Divided Panel Offers Different Takes on EIS for Hawaii Airport Project

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A sharply divided three-judge panel of the Ninth Circuit Court of Appeals has upheld an environmental impact statement prepared for expansion of the Kahului Airport in Maui, Hawaii. The court majority ruled that the Federal Aviation Administration had taken the "hard look" at the project’s impact on native habitat required by the National Environmental Policy Act, while a dissenting judge called the FAA’s study inadequate and deceptive.

The FAA and the Hawaii Department of Transportation proposed repa...

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