City of Los Angeles v. Federal Aviation Administration

KOZINSKI, Circuit Judge.

The Federal Aviation Administration has approved the Burbank-Glendale-Pasadena Airport’s plan to double the size of its terminal. This being a “major federal action” the FAA prepared an environmental impact statement which asserts, inter alia, that building' a larger terminal won’t materially affect the number of people who use the airport. “ ‘[I]f you build it, they will come,’ ” the appellants parry and scoff at their opponents for the “ ‘[Air] Field of Dreams’ conclusion: ‘if you don’t build it, they will come anyway.’ ” Blue brief at 5-6.

I

For years the FAA and the…