Tom Matsumoto v. Claude S. Brinegar

Individual residents of Canyon County, Idaho, who own or farm land which is being acquired by the city of Caldwell, Idaho for the proposed Caldwell Industrial Airport have filed this action to enjoin any further construction activity or development of the airport project. The defendants are the Secretary of the United States Department of Transportation, the City of Caldwell, an incorporated municipality, and the Mayor of the City of Caldwell. The action was predicated upon an alleged failure of the defendants to comply with the requirements of the National Environmental Policy Act (NEPA) which mandates that an Environmental Impact Statement (EIS) be filed before any major federal action is taken which significantly affects the quality of the human environment. 42 U.S.C. § 4321 et seq. A final EIS was filed, but plaintiffs argue that it does not satisfy the requirements for such statements established by the decisions of this court and other federal courts.

A preliminary injunction was denied whereupon the plaintiffs filed an amended complaint adding a second claim based upon the Airport and Airway Development Act of 1976, 49 U.S.C. § 1711 et seq. (AADA), which provides that fair…