Court Upholds Tweed Expansion Approval

by Thomas Breen

A Washington, D.C. federal appeals court has upheld a 2023 environmental approval of Tweed New Haven Airport’s long-planned expansion — providing a key victory for the airport’s efforts to build a new terminal and an extended runway.

The U.S. Court of Appeals for the D.C. Circuit handed down that 18-page decision on Tuesday in the case Save the Sound v. Federal Aviation Administration.

Click here to read the decision in full.

The underlying case stemmed from a 2024 appeal filed by the local environmental nonprofit Save the Sound and the Town of East Haven.

The petitioners had sought to challenge the FAA’s finding in December 2023 that Tweed’s plan to construct a new terminal in East Haven and extend the airport’s main runway by nearly 1,000 feet — which was first announced in 2021 — would have no significant environmental impact on the surrounding area.

The FAA found that the airport’s expansion would actually reduce the number of “enplanements” — and, therefore, air pollution — near the Morris Cove regional airport. That’s because the demand for increased air traffic at Tweed will result in more flights no matter what, the FAA predicted. As Judge Gregory Katsas wrote in Tuesday’s decision, “With the runway extension, the FAA projected that Tweed would see fewer flights with more passengers per flight due to the use of full-capacity 737-800s. … Without the extension, the FAA projected more flights with fewer passengers per flight due to the reduced capacity.”

Save the Sound and East Haven pushed back on how the environmental assessment (EA) was conducted, the data it used, and the conclusions it came to about how a larger airport and a longer runway will have no significant environmental impact. Oral arguments in the case took place in a D.C. courtroom in December 2025.

And in April of this year, East Haven promised not to appeal the appeals court’s decision — after the state pledged to send tens of millions of dollars the town’s way. State lawmakers signed off on those Tweed-deal dollars in May.

Tuesday’s decision, meanwhile, upholds the FAA’s December 2023 environmental approval and rejects Save the Sound’s and East Haven’s bids for a more thorough environmental review.

“In sum, the FAA reasonably defined the project, addressed its possible environmental effects, discussed measures the Airport Authority would take to mitigate such effects, and concluded the project would have no significant environmental effects,” Judge Katsas wrote.

“Under Seven County,” he continued, “we must determine only whether the agency acted within a broad range of reasonableness. Because the FAA did so here, we deny the petitions for review.”

Mayor Justin Elicker, the Tweed New Haven Airport Authority, and the private airport management company Avports celebrated the court’s decision in a Tuesday afternoon press release.

“The court has affirmed the FAA’s environmental review process for the East Terminal project was comprehensive and complete,” Elicker is quoted as saying in that press release. “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.”

“The Court has recognized that the FAA’s process met the standards required under NEPA, and we will continue to work closely with the FAA as our project progresses,” airport authority Chairman Robert Reed is quoted as saying in that same press release. “We will also continue to work closely with our municipal partners, ensuring that local oversight and community input remain central throughout this process. 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.”

“We look forward to earning approval through East Haven’s local process, and we intend to meet its highest standards every step of the way,” Avports CEO Marc Ricks is quoted as saying in Tuesday’s press release. “The Town of East Haven and its Planning and Zoning Commission play an essential role, and we’re committed to a transparent, collaborative review that respects local oversight and community input. Alongside our partners in East Haven and at Connecticut DEEP, we’ll continue to advance this project responsibly, with real environmental stewardship at its core.”

In a separate email press release on Tuesday, East Haven Mayor Joseph Carfora acknowledged the court’s decision — and stressed that the decision “does not constitute final approval of the proposed airport expansion, nor does it resolve the numerous state and local reviews and permits that remain necessary before the project may proceed.”

“Today’s decision marks the conclusion of one phase of this process, but it is far from the final chapter,” Carfora is quoted as saying in that press release. “Numerous state and local permits and approvals remain outstanding. Connecticut DEEP, 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 each have important and independent responsibilities under their respective statutory and regulatory authorities. Every remaining review must be conducted on its own merits and in accordance with the laws governing that agency’s jurisdiction.”

“Tweed Has No Shortage Of Problems”

Katsas’ decision on Tuesday also details why the airport has for so long tried to expand.

“Tweed is one of the most underserved airports in the country,” the federal judge wrote. “In September 2021, the only airline flying there stopped doing so. As of late 2023, only one airline had stepped in to fill the void—a short-haul carrier called Avelo.

“Tweed has no shortage of problems, but two are relevant here. First, its only active runway is too short. At 5,600 feet, it cannot accommodate the weight of full-capacity flights on one of the most common passenger planes—the Boeing 737-800. To comply with the runway’s current weight limits, Avelo must reduce the capacity on such flights from 189 to 162 seats. Second, Tweed’s passenger terminal is undersized and outdated. The existing terminal was built as a hangar in 1980 and then converted to a passenger terminal. It is cramped, inefficient, and prone to flooding.”

Thus the airport’s bid to extend its runway by roughly 1,000 feet and construct a new passenger terminal.

All the while, some airport neighbors have continued to speak up about concerns with air pollution, noise, and traffic resulting from a busier Tweed airport, which is currently home to two commercial airlines — Avelo and Breeze — which fly dozens of direct routes out of New Haven.