United States Tenth Circuit

In an action under the Resource Conservation and Recovery Act to 1) prohibit full-plane deicing at an airport concourse and 2) require other precautionary steps relating to airplane deicing fluid (ADF), judgment for defendants is affirmed where plaintiffs failed to demonstrate that ADF at the airport (whether it degraded inside or outside the concourse) may present an imminent and substantial endangerment to health.

Appellate Information

• Decided 02/08/2010
• Published 02/08/2010

Judges

• HARTZ, Circuit Judge., Before HARTZ, HOLLOWAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Frederick Ganz (John D. Fognani, Perry L. Glantz, and Fritz W. Ganz with him on the briefs), Fognani & Faught, PLLC, Denver, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Andrew J. Carafelli (Chris Mattison and Peter Moyson with him on the brief), Hall & Evans, L.L.C., Denver, CO, for Defendant-Appellee.