United States First Circuit

Petition for review of an FAA order permitting construction of a new taxiway at Boston's Logan International Airport is denied over claims of error that: 1) the FAA's solution for reducing delay will lead to greater use of Logan, which in the long run will lead to more, not less, adverse environmental impacts; 2) the FAA has not used the most current data or methodologies available, which may cast doubt on the agency's benefits analysis; and 3) public health studies show an increasing concern about ultrafine particulate matter and that the FAA should be required to continue to study this pollutant at Logan, both to evaluate these possible health effects and to keep the public informed.

Appellate Information

• Decided 07/23/2008
• Published 07/23/2008

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter L. Koff with whom Engel & Schultz, LLP, Jerome E. Falbo, and Falbo Solari & Goldberg were on brief for petitioner.


• For Appellees:
  
• M. Alice Thurston, Attorney, U.S. Department of Justice, with whom Ronald J. Tenpas, Assistant Attorney General, Ronald M. Spritzer, Attorney, U.S. Department of Justice, and John Donnelly, Attorney, Federal Aviation Administration, were on brief for respondent., Roscoe Trimmier, Jr., with whom Richard J. Lettieri, F. Turner Buford, Ropes & Gray LLP, David S. Mackey, Massachusetts Port Authority, and Ira M. Wallach, Massachusetts Port Authority, were on brief for intervenor-respondent.