Town Loses Appeal Of FAA Decision On Tweed Terminal, Runway Project; Mayor Says 'It's Far From Final Chapter'

EAST HAVEN/NEW HAVEN, CT — In a statement sent to Patch, the Town of East Haven "acknowledged" Monday's decision by the U.S. Court of Appeals for the District of Columbia Circuit regarding the Federal Aviation Administration's approval of the proposed runway extension and terminal
improvements at Tweed New Haven Airport.

In February 2024, noting it is "deeply concerned about the environmental impact of the proposed Tweed Airport expansion," East Haven filed an appeal on the December 2023 ruling by the Federal Aviation Administration giving the airport the green light for the $165 million terminal and runway expansion project.

Submitted to the U.S. Court of Appeals for the District of Columbia Circuit, the town requests a judicial review of the FAA's finding of "no significant impact" as a result of the project.

Read that story here.

The court denied the appeal and upheld the FAA decision Monday.

"While the Court upheld the FAA's compliance with the National Environmental Policy Act, the decision represents only one step in the overall regulatory process," the statement reads. "The Town remains committed to ensuring that all remaining state and local permitting proceedings are conducted thoroughly, transparently, and in accordance with applicable law."

Mayor Joseph A Carfora weighed in on the decision and moving forward.

"From the beginning, our objective has been to ensure that East Haven residents have a voice throughout this process and that every aspect of the proposed project receives the careful
scrutiny it deserves," he said. "That commitment remains unchanged. We will continue to advocate vigorously for the protection of our neighborhoods, our natural resources, and the quality of life that our residents expect and deserve."

The town noted that though it didn't prevail in a federal appeals court, the "regulatory process governing the proposed
expansion is ongoing, and significant independent state and local reviews remain before the project may proceed."

The case hinged on whether the FAA complied with
the procedural requirements of the NEPA, but "leaves in
place the FAA's Finding of No Significant Impact."

New Haven Mayor Justin Elicker applauded the court's decision.

"The court has affirmed the FAA’s environmental review process for the East Terminal project was comprehensive and complete. This is a positive sign and important step forward towards providing a modernized, regional airport that better serves our residents and the region. The time has now come for us to move forward with the other necessary approvals for this project in a manner that adheres to the joint memorandum of understanding that was signed by all parties earlier this year," said New Haven Mayor Justin Elicker. “New Haven is a growing city and New Haven County is a growing region that need a high-quality airport to meet the travel demands of our residents, visitors and businesses. Customers are voting with their ticket purchases everyday — and a new, modern, state-of-the-art terminal that follows the proper environmental review process and adheres to the proper environmental standards is necessary to make this airport a success.”

The town of East Haven said that the court's decision does not constitute final approval of the proposed airport expansion, there are myriad state and local reviews and permits that remain necessary before the project may proceed.

"Throughout this process, the Town of East Haven has consistently advocated for a comprehensive review of the proposed project's potential impacts on flooding and stormwater management, wetlands and coastal resources, traffic, public safety, noise, environmental mitigation, and the quality of life of its residents," Carfora said. "Those priorities remain unchanged and will continue to guide the Town's participation throughout the remaining regulatory process."

The project still needs regulatory reviews and state and local permits and approvals from the Department of Energy and Environment, the U.S. Army Corps of Engineers, the Office of State Traffic Administration, the East Haven Inland Wetlands Commission, and the East Haven Planning and Zoning Commission.

"Those agencies are not simply implementing the FAA's decision. They are each required to conduct an independent review based upon the evidence presented, the applicable law, and the standards governing their respective permits and approvals," said Carfora. "The Town of East Haven will continue to participate fully in each of those proceedings to ensure that the interests of our residents are represented and that appropriate environmental protections, meaningful mitigation measures, sound infrastructure planning, and public safety considerations are fully addressed wherever warranted."

Robert Reed, Chairman of the Tweed-New Haven Airport Authority, said the airport "will continue to work closely with the FAA as our project progresses."

"We will also continue to work closely with our municipal partners, ensuring that local oversight and community input remain central throughout this process," he said. "HVN’s overarching goal will remain advancing the project responsibly and in full compliance with all applicable requirements at the local, state, and federal levels.”

East Haven officials also noted that the town "expects that Save the Sound, along with other interested agencies, organizations, and members of the public, will continue to participate actively throughout the remaining regulatory and permitting process."

Town spokesperson Ed Sabatino said the town "welcomes a thorough and transparent review by all interested stakeholders as the project moves through the remaining state and local approvals."

"The Town of East Haven remains committed to participating actively and constructively in every remaining permitting process to ensure that all applicable laws are followed, meaningful mitigation measures are secured where appropriate, and the interests of East Haven residents remain at the forefront of every decision," Sabatino added.

"For decades, East Haven has worked to balance responsible regional transportation needs with the protection of its neighborhoods, natural resources, and quality of life," he said. "The Town remains committed to that mission and will continue to advocate professionally, transparently, and in accordance with the law throughout the remaining state and local review process."

State Rep. Joe Zullo, who represents East Haven, shared this statement on the court's decision:

“Today’s technical decision is as disappointing as it is ironic. The decision comes on a day when the intersection of Short Beach Road and Hemingway Avenue, the gateway intersection to the proposed new airport terminal, is impassable and blocked off by public safety barricades due to severe flooding.

In this case, the Federal Aviation Administration chose to prepare an “Environmental Assessment,” as opposed to a more extensive “Environmental Impact Statement” (an “EIS”). When the FAA made the decision to pursue the less comprehensive standard of review of this proposal, it made an implicit finding that the proposed runway extension and new terminal would not have “reasonably foreseeable significant impacts.” On a day like today, that decision feels laughable.

Perhaps from cubicles in office buildings in Washington, far removed from the intersection of Hemingway Avenue and Short Beach Road, FAA bureaucrats have a hard time imagining the impacts of this massive proposal. However, here in East Haven, on a day like today, it is clearly foreseeable that in a town that has already endured a history of environment justice impacts, and in an area prone to repetitive and severe flooding, that constructing a massive new transportation hub with tens of thousands of square feet of impervious parking surface will have substantial, harmful impacts.

It is obvious to anyone with two eyes and a little common sense that this project will require extensive mitigation measures to prevent severe environmental impacts, including the exacerbation of the very flooding conditions we’re witnessing today near the site of the proposed new airport terminal.

If and when local and State regulatory bodies take up review of this proposal, residents can count on my strong voice in favor of common sense. Residents can count on me to demand the extensive, meaningful review of the clearly foreseeable impacts this proposal will have and which the FAA has turned a blind eye to. And residents can rest assured that I will always fight to protect the best interests of our community and give a voice to those most impacted by the proposed expansion of Tweed airport and who likely feel disappointed, marginalized, and steamrolled by today’s decision.”