United States Tenth Circuit

Unless petitioners can show that an environmental impact statement is unsupported by evidence, or otherwise arbitrary and capricious, the appellate court will not substitute the judgment of an agency as to the credibility of experts.

Appellate Information

• Decided 07/19/2001
• Published 07/19/2001

Judges

• BRORBY, Senior Circuit Judge., Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and BROWN, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian B. O'Neill (Michael A. Ponto, Elizabeth H. Schmiesing, and Michael D. Beach of Faegre & Benson LLP, Minneapolis, MN;  and Colin C. Deihl of Faegre & Benson LLP, Denver, CO, with him on the briefs) of Faegre & Benson LLP, Minneapolis, MN, for Petitioners.


• For Appellees:
  
• Ronald M. Spritzer (Lois J. Schiffer, Assistant Attorney General;  M. Alice Thurston, Department of Justice;  Hans I.E. Bjornson, Federal Aviation Administration;  and Randy Chambers, National Guard Bureau, with him on the brief), Department of Justice, Washington, DC, for Respondents.