City of Richfield, Minnesota, a Mun. Corp. v. Fed. Aviation Admin. Metro. Airports Comm'n, 152 F.3d 905 (8th Cir. 1998). · Go Syfert
City of Richfield, Minnesota, a Mun. Corp. v. Fed. Aviation Admin. Metro. Airports Comm'n, 152 F.3d 905 (8th Cir. 1998). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2006 · 2 courts · …alternative is unreasonable if it does not fulfill the purpose of the project. at p. 907
17 citation events (13 in the last 25 years) across 5 distinct courts.
Strongest positive: SIERRA CLUB NORTH STAR CHAPTER v. LaHood (mnd, 2010-03-11)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) SIERRA CLUB NORTH STAR CHAPTER v. LaHood (2×) also: Cited "see"
D. Minnesota · 2010 · confidence medium
City of Richfield, Minn. v. F.A.A., 152 F.3d 905, 907 (8th Cir.1998) ("Under NEPA, an EIS must examine `reasonable alternatives' to a project....
discussed Cited as authority (rule) Sierra Club North Star Chapter v. LaHood (2×) also: Cited "see"
D. Minnesota · 2010 · confidence medium
City of Richfield, Minn. v. F.A.A., 152 F.3d 905, 907 (8th Cir.1998) (“Under NEPA, an EIS must examine ‘reasonable alternatives’ to a project....
discussed Cited as authority (rule) Mayo Foundation v. Surface Transportation Board United States of America, Edison Electric Institute Western Coal Traffic League National Rural Electric Cooperative Association City of Highmore, Sd City of Huron, Sd City of Wolsey, Sd City of Philip, Sd City of Desmet, Sd City of Miller, Sd City of Wall, Sd City of Midland, Sd City of Pierre City of Ree Heights, Sd Greater Huron Development Corporation Wall Economic Development Committee on Hand Development Corporation South Dakota Chamber of Commerce & Industry Farmers Union Coop Elevator Highmore, Sd Farmers Union Coop Elevator Kennebec, Sd South Dakota Soybean Processors Urethane Soy Systems Company Oahe Grain Corporation South Dakota Association of Cooperatives South Dakota Farmers Union South Dakota Grain and Feed Association South Dakota Wheat Incorporated Yale Farmers Coop South Dakota Corn Growers Association South Dakota Farm Bureau South Dakota Wheatgrowers Association North Central Farmers Elevator Dakota Ag Coop Lake Preston Cooperative Elevator Dakotaland Feeds LLC Agfirst Farmers Coop City of Springfield, Mn City of Balaton, Mn City of Lewiston, Mn City of Stockton, Mn City of Cobden, Mn City of Dover, Mn City of Sanborn, Mn City of Tracy, Mn City of Lake Benton, Mn Minnesota Soybean Processors Minnesota Grain & Feed Association Midwest Shippers Association Minnesota Agri-Growth Council Winona County Winona River and Rail, Inc. Southern Grainbelt Shippers Association Farmers Coop Hanska, Mn Harvest Land Cooperative Minnesota Farmers Union Minnesota Farm Bureau Federation City of Eyota, Mn, Intervenors on Appeal. City of Rochester v. Surface Transportation Board United States of America, Edison Electric Institute Western Coal Traffic League National Rural Electric Cooperative Association Edison Electric Institute Western Coal Traffic League National Rural Electric Cooperative Association City of Highmore, Sd City of Huron, Sd City of Wolsey, Sd City of Philip, Sd City of Desmet, Sd City of Miller, Sd City of Wall, Sd City of Midland, Sd City of Pierre, Sd City of Ree Heights, Sd Greater Huron Development Corporation Wall Economic Development Committee on Hand Development Corporation South Dakota Chamber of Commerce & Industry Farmers Union Coop Elevator Highmore, Sd Farmers Union Coop Elevator Kennebec, Sd South Dakota Soybean Processors Urethane Soy Systems Company Oahe Grain Corporation South Dakota Association of Cooperatives South Dakota Farmers Union South Dakota Grain and Feed Association South Dakota Wheat Incorporated Yale Farmers Coop South Dakota Corn Growers Association South Dakota Farm Bureau South Dakota Wheatgrowers Association North Central Farmers Elevator Dakota Ag Coop Lake Preston Cooperative Elevator Dakotaland Feeds LLC Agfirst Farmers Coop City of Springfield, Mn City of Balaton, Mn City of Lewiston, Mn City of Stockton City of Cobden, Mn City of Dover City of Sanborn City of Tracy City of Lake Benton Minnesota Soybean Processors Minnesota Grain & Feed Association Midwest Shippers Association Minnesota Agri-Growth Council Winona County Farm Bureau Winona River and Rail, Inc. Southern Grainbelt Shippers Association Farmers Coop Hanska, Mn Harvest Land Cooperative Minnesota Farmers Union Mn Farm Bureau City of Eyota, Mn, Intervenors on Appeal. Sierra Club Mid States Coalition for Progress v. Surface Transportation Board United States of America, Olmsted County v. Surface Transportation Board United States of America
1st Cir. · 2006 · confidence medium
As we said in City of Richfield, Minn. v. F.A.A., 152 F.3d 905, 907 (8th Cir.1998), an "alternative is unreasonable if it does not fulfill the purpose of the project." See also Missouri Mining, Inc. v. I.C.C., 33 F.3d 980 , 984 (8th Cir.1994); Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 195 (D.C.Cir.1991), cert. denied, 502 U.S. 994 , 112 S.Ct. 616 , 116 L.Ed.2d 638 (1991). 10 Even though the Board's decision does not explicitly state that it did not consider the IMRL alternative because that route is simply inconsistent with the project's purposes, we believe that this is implic…
discussed Cited as authority (rule) Mayo Foundation v. Surface Transportation Board
8th Cir. · 2006 · confidence medium
As we said in City of Richfield, Minn. v. F.A.A., 152 F.3d 905, 907 (8th Cir.1998), an “alternative is unreasonable if it does not fulfill the purpose of the project.” See also Missouri Mining, Inc. v. I.C.
cited Cited as authority (rule) Arkansas Wildlife Federation v. United States Army Corps of Engineers
8th Cir. · 2005 · confidence medium
City of Richfield, Minn. v. F.A.A., 152 F.3d 905, 906 (8th Cir.1998).
discussed Cited as authority (rule) City of Ridgeland v. National Park Service
S.D. Miss. · 2002 · confidence medium
Plaintiffs’ have given the court “no persuasive reason for concluding that the [FSEIS] was a post-hoc justification of a foreordained decision, or that the [FSEIS] was anything but a serious and thorough consideration of the impact of this proposal on the environment.” City of Richfield, Minn. v. F.A.A., 152 F.3d 905, 907 (8th Cir.1998).
discussed Cited as authority (rule) Central SD Coop. v. USDA
8th Cir. · 2001 · confidence medium
Nor must an agency pursue policy alternatives that are contrary to the pertinent statutory goals, Dombeck, 164 F.3d at 1129 , or do not fulfill a project's purpose, City of Richfield v. FAA, 152 F.3d 905, 907 (8th Cir. 1998).
discussed Cited as authority (rule) Central South Dakota Cooperative Grazing District v. Secretary of the United States Department of Agriculture
8th Cir. · 2001 · confidence medium
Nor must an agency pursue policy alternatives that are contrary to the pertinent statutory goals, Dombeck, 164 F.3d at 1129 , or do not fulfill a project’s purpose, City of Richfield v. FAA, 152 F.3d 905, 907 (8th Cir.1998).
discussed Cited as authority (rule) Central South Dakota Cooperative Grazing District v. Secretary Of The United States Department Of Agriculture
8th Cir. · 2001 · confidence medium
Nor must an agency pursue policy alternatives that are contrary to the pertinent statutory goals, Dombeck, 164 F.3d at 1129 , or do not fulfill a project's purpose, City of Richfield v. FAA, 152 F.3d 905, 907 (8th Cir. 1998).
cited Cited as authority (rule) Arizona Cattle Growers' Ass'n v. Cartwright
D. Ariz. · 1998 · signal: cf. · confidence medium
Cf. City of Richfield v. F.A.A., 152 F.3d 905, 906 (8th Cir.1998) (“It is axiomatic that, if a project will not significantly affect the environment, an agency need not prepare an EIS at all”).
cited Cited "see" Sierra Club v. Clinton
D. Minnesota · 2010 · signal: see · confidence high
See City of Richfield v. FAA, 152 F.3d 905, 907 (8th Cir.1998); Sierra Club North Star Chapter v. LaHood, 693 F.Supp.2d 958, 988 (D.Minn.2010).
discussed Cited "see" City of Bridgeton v. Rodney E. Slater (2×)
8th Cir. · 2000 · signal: see · confidence high
See City of Richfield v. FAA, 152 F.3d 905, 907 (8th Cir.1998). 1.
Retrieving the full opinion text from the archive…
CITY OF RICHFIELD, MINNESOTA, a Municipal Corporation, Petitioner,
v.
FEDERAL AVIATION ADMINISTRATION; Metropolitan Airports Commission, Respondents
95-2292.
Court of Appeals for the Eighth Circuit.
Aug 17, 1998.
152 F.3d 905
1998 U.S. App. LEXIS 20082
Bowman, Beam, Gaitan.
Cited by 14 opinions  |  Published
BOWMAN, Chief Judge.

The Metropolitan Airports Commission (MAC), which operates the Minneapolis-St. Paul International Airport, proposes building a taxiway and altering flight patterns at the airport, for the purpose of shifting departing flights and the noise that comes with them from areas northwest of the airport to areas to the airport’s southwest. As part of this project, MAC proposes implementing noise mitigation measures, such as soundproofing homes, southwest of the airport. The Federal Aviation Administration approved this proposal on the basis of an environmental impact statement (EIS) that the FAA prepared with the Minnesota Department of Transportation. The city of Richfield, Minnesota, which lies immediately west of the airport, appeals the FAA’s decision. Richfield contends that the EIS did not comply with 42 U.S.C. § 4332(2)(C) (1994), part of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321— 4370d. An EIS complies with NEPA so long as it takes a genuinely “hard look” at the environmental impact of a proposal. See Baltimore Gas & Elec. Co. v. Natural Resources Defense Council, Inc., 462 U.S. 87, 97, 103 S.Ct. 2246, 76 L.Ed.2d 437 (1983) (citation to quoted case omitted).

First Richfield argues that the EIS did not adequately examine several factors that could prevent the project from shifting a significant number of departures to the airport’s southwest. Richfield speculates that MAC might fund the noise mitigation program southwest of the airport with money that, were the project’ not implemented, MAC would instead spend on noise mitigation northwest of the airport. If MAC were to do so, and if Richfield is correct that the project in fact will shift very few flights to the southwest, then the project would spend millions of dollars on noise mitigation in the southwest, where most of the noise never will be, and would prevent the implementation of noise mitigation measures in the northwest, where most of the noise will remain.

We need not determine whether the EIS adequately considered the factors that Richfield cites, because we conclude that it did not need to do so. An EIS, true to its name, must examine the environmental impact of a proposal. See 42 U.S.C. § 4332(2)(C). Richfield, however, does not contend that the EIS failed to examine the project’s impact. Instead Richfield contends that the EIS failed to examine the possibility that full implementation of the project will prove infeasible and that the project thus will have no significant impact at all but rather will leave the status quo essentially unchanged. Richfield cites no authority for the proposition that an EIS must examine the ways in which a project might fail to affect the environment, and we reject this novel idea. It is axiomatic that, if a project will not significantly affect the environment, an agency need not prepare an EIS at all. See id. (EIS required for a project “significantly af[*907] fecting the quality of the human environment”); Missouri Mining, Inc. v. Interstate Commerce Comm’n, 38 F.3d 980, 983 (8th Cir.1994). Thus if Richfield is correct that this project will not shift a significant number of flights to the southwest, then the FAA need not have prepared any EIS, much less one that exhaustively examines all the reasons why the project will leave the environment unaltered. We conclude that the EIS did not need to examine the factors that Richfield believes will prevent the project from shifting a substantial number of flights to the airport’s southwest. [2]

In a related argument, Richfield contends that the EIS should have examined the possibility of instituting noise mitigation measures northwest of the airport as an alternative to the proposed project. Under NEPA, an EIS must examine “reasonable alternatives” to a project. 40 C.F.R. § 1502.14(a) (1997) (regulation implementing NEPA). Similarly, the Airport and Airway Improvement Act requires consideration of any “possible and prudent alternative.” 49 U.S.C. § 47106(c)(1)(C) (1994). An alternative is unreasonable if it does not fulfill the purpose of the project. See Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 195 (D.C.Cir.), cert. denied, 502 U.S. 994, 112 S.Ct. 616, 116 L.Ed.2d 638 (1991); National Wildlife Fed’n v. Federal Energy Regulatory Comm’n, 912 F.2d 1471, 1484-85 (D.C.Cir.1990). Richfield’s suggested alternative, soundproofing homes northwest of the airport, would not fulfill the project’s purpose of equitably redistributing noise. Unlike MAC’s project, which the FAA has determined will actually shift noise, soundproofing homes would merely limit noise impact, and would have no effect whatsoever on noise outdoors or inside buildings other than the soundproofed homes. Thus Richfield’s soundproofing alternative could not possibly fulfill the project’s purpose, and it therefore is unreasonable for purposes of NEPA. Accordingly, the EIS did not need to consider it.

Finally Richfield argues that, for several reasons, the EIS was nothing more than a post-hoc rationalization of a decision the FAA already had made. We have considered all of Richfield’s arguments on this point, and we find them to be without merit. The record shows that the FAA did not approve this project until the completion of an extensive review process that included ample opportunity for public comment. During this process, Richfield made numerous comments to the FAA, and the FAA carefully responded to Richfield’s points. Rich-field’s arguments to this Court give us no persuasive reason for concluding that the EIS was a post-hoc justification of a foreordained decision, or that the EIS was anything but a serious and thorough consideration of the impact of this proposal on the environment.

We deny Richfield’s petition for review and thus uphold the FAA’s order approving the project.

2

. In this case the FAA determined that the project in fact would shift a significant number of flights — up to 82 per day — to the airport's southwest. This determination, the analysis underlying which is discussed in Appendix C to the EIS, was based on substantial evidence and was not arbitrary or capricious, regardless of whether the FAA considered each of Richfield's particular points. Having made that determination, the FAA's duty in preparing the EIS was to examine the impact of the project on the environment, not to continue to debate the extent to which the project will do what it is intended to do.