United States Second Circuit
Natural Res. Def. Council v. FAA, 06-5267
Petition for review of an FAA order approving the relocation of the Panama City-Bay County International Airport to a new site is denied where: 1) the FAA complied with the procedural requirements of the Natural Environmental Policy Act in evaluating the proposal to build a new airport at the new site; and 2) the FAA's determination that that no prudent alternatives to the proposed new site existed was not arbitrary, capricious, and abuse of discretion, or otherwise contrary to law.
Appellate Information
- Decided 05/01/2009
- Published 05/01/2009
Judges
- REENA RAGGI, Circuit Judge:, Before: SACK, KATZMANN, and RAGGI, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Victor L. Hou, Geary Gottlieb Steen & Hamilton LLP, New York, New York (Melanie Shepherdson, Benjamin H. Longstreth, Natural Resources Defense Council, Inc., Washington D.C.; Jason Rylander, Defenders of Wildlife, Washington, D.C.; David N. Ellenhorn, Proskauer Rose LLP, New York, New York, on the brief), for Petitioners., Donald A. Carr, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C. (David J. Cynamon, Kenneth P. Quinn, Jennifer E. Trock, Renee Stone, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C; Joseph K. Tannehill, Chairman, Panama City-Bay County Airport and Industrial District, Panama City, Florida, on the brief), for Intervenor., Christine E. Lamia, Counsel, Florida Department of Environmental Protection, Tallahassee, Florida, Amicus Curiae.
- For Appellees:
- Ellen J. Durkee, Attorney, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C. (Todd Aagaard, Attorney, Matthew McKeown, Acting Assistant Attorney General, Environment & Natural Resources Division, United States Department of Justice; Derek L. Stotts, Office of the Regional Counsel, Federal Aviation Administration, Southern Region, Columbia Park, Georgia; Gail C. Orendorff, Office of the Chief Counsel, Federal Aviation Administration, Washington, D.C, on the brief), for Respondents.