By R.J. Morales | TX3DNews
COLLIN COUNTY — A federal appeals court has dismissed the North Texas Conservation Association’s (NTCA) challenge to the McKinney National Airport expansion, ruling it lacked jurisdiction. The October 29 order leaves the expansion proceeding under the current Environmental Assessment and has led NTCA to question how the environmental documents were presented to the public.
Court Found EA Was Not an FAA Order
The three-judge panel granted motions from the FAA, TxDOT, and the City of McKinney after concluding the Environmental Assessment (EA) and FONSI/ROD were not “orders issued by the FAA” under the statute NTCA used. NTCA had filed its petition under 49 U.S.C. § 46110 based on the April 2025 FONSI/ROD—signed by TxDOT—which said it was issued “on behalf” of the FAA and informed the public:
“Any party having substantial interest in this order may apply for review… in the appropriate US Court of Appeals… no later than 60 days after the order is issued in accordance with the provisions of 49 USC § 46110.”
NTCA filed within that 60-day period.
But the FAA, TxDOT, and the City told the court the EA and FONSI/ROD were not FAA decisions, saying they were issued by TxDOT under the FAA’s State Block Grant Program. The court agreed, writing that NTCA’s petition “does not seek review of an order issued by the FAA,” and dismissed the case for lack of jurisdiction. Because the ruling was procedural, the panel did not review NTCA’s environmental claims.
NTCA Points to FAA Email and Public Instructions
NTCA general counsel Steven E. Ross said the dismissal underscored contradictions between what the public was told in the environmental documents and what the agencies later argued in court. Ross noted that NTCA obtained a June 2024 FAA email stating the agency “won’t be able to sign off on the EA” because it had not been prepared in accordance with FAA requirements.
Despite that, Ross said, TxDOT and the City issued the EA and FONSI/ROD in 2025 with language indicating the decision was being issued on the FAA’s behalf and instructing the public to challenge it under § 46110.
In its November 12 press release, NTCA stated:
“Despite what was told to the public – the FAA, TxDOT and the City told the court the EA is ‘not an FAA decision.’ Based on that admission, the court dismissed the case for lack of jurisdiction.”
NTCA said it is continuing to investigate and evaluating potential next steps. The group also listed several “burning questions,” including why the public was directed to treat the EA as an FAA order and why construction began “when it knows it does not have a proper environmental assessment or final FAA approval.”
NTCA reiterated its view that if additional commercial service is needed in North Texas, “that airport should be the North Texas Regional Airport in Grayson County.”
City Response and Council Background
District 2 Councilmember Patrick Cloutier told TX3DNews he could not comment on “the particulars” of the lawsuit because he believes it “is potentially an ongoing legal matter.” He said only that “the lawsuit was dismissed” and directed any questions about legal interpretation to the city attorney.
Cloutier also offered context on the council’s vote authorizing the east-side terminal. The measure passed 4–2, with one member absent, and Cloutier was one of the two no votes.
He wrote that he has long supported the idea that McKinney “should deliver commercial service” but preferred to wait for several developments before moving forward. Those included the arrival of “roughly $14.8m” in TxDOT funding (which came in June 2025), “roughly $15m” expected from the FAA (still pending), potential funding from “the last tranche of [the] Biden infrastructure bill,” the six-lane Spur 399 connection anticipated “in or about 2031,” and “a commitment from an established airline.”
Cloutier added:
“Given that council passed it my reasons for waiting no longer matter. It is in the best interest of our city to get this done quickly and get it done right.”
Benefits Cited by Supporters
The east-side terminal will bring scheduled commercial flights to Collin County’s 1.2 million residents — a far more convenient option than DFW or Love Field. A 2024 city-commissioned study projects the airport’s annual economic impact will jump from ~$300 million today to $615–850 million within five years of commercial service and top $1 billion long-term. Supporters emphasize thousands of new jobs, millions in added tax revenue without property-tax hikes, and the six-lane Spur 399 connection opening around 2031.
Public Views Reflect Ongoing Divide
Reaction from residents continues to show differing views on the airport’s future. In a written comment to TX3DNews, McKinney resident Jim Garrison called the court’s dismissal “a good thing” and described NTCA as “an irrelevant handful of individuals that are against any project presented by the city of McKinney.”
He wrote that the airport currently has “about 400 operations a day” and said the expansion would increase that number to “406.” Garrison also stated that TKI “generates about $300 Million annually” and predicted that amount “will increase to $400 Million annually after the expansion is completed.”
NTCA, meanwhile, continues to raise concerns about environmental review standards and potential impacts, echoing issues residents from Fairview and McKinney raised during the EA comment period.
Next Steps
The dismissal allows the City of McKinney and TxDOT to continue the expansion under the existing Environmental Assessment. The ruling does not require any revisions to the EA or additional federal review. NTCA has said it is reviewing the decision, seeking clarification on the FAA’s role, and considering what steps it may take next.