CITY OF PHOENIX ARIZONA v. HUERTA (2018)

United States Court of Appeals, District of Columbia Circuit.

CITY OF PHOENIX, ARIZONA, Petitioner v. Michael P. HUERTA and Federal Aviation Administration, Respondents

No. 15-1158

Decided: February 07, 2018

BEFORE: Rogers and Griffith, Circuit Judges; Sentelle, Senior Circuit Judge

John E. Putnam, Peter J. Kirsch, Kaplan Kirsch & Rockwell LLP, Denver, CO, for Petitioner (Case No. 15-1158). Matthew G. Adams, Esquire, Attorney, Dentons US LLP, San Francisco, CA, Peter Lawrence Gray, Attorney, Dentons US LLP, Washington, DC, for Petitioners (Case No. 15-1247). Lane N. McFadden, Esquire, Attorney, John Charles Cruden, U.S. Department of Justice (DOJ), Environment and Natural Resources Division, Washington, DC, for Respondents.

ORDER

Upon consideration of the joint petition for panel rehearing, it is

ORDERED that the opinion issued August 29, 2017, be amended as follows:

Slip Op., p. 20, Part IV, line 3, insert the word “departure” before the word “routes” and delete the words “and procedures”. It is

FURTHER ORDERED that the judgment of the court issued August 29, 2017, be vacated. The Clerk is directed to issue a new judgment. It is

FURTHER ORDERED that the Clerk is directed to withhold issuance of the mandate until June 15, 2018, unless the parties notify the court prior to that date that the mandate should issue.

Per Curiam

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