United States Ninth Circuit

In a petition for review of an FAA Finding of No Significant Impact (FONSI) approving the modification of the departure route at an airport, the petition is denied, where the FONSI was not arbitrary or capricious because the record showed that the FAA took a "hard look" at the safety of the proposed flight path.

Appellate Information

• Argued 10/22/2008
• Decided 06/12/2009
• Published 06/12/2009

Judges

• REINHARDT, Circuit Judge:, Before:  MARY M. SCHROEDER, D.W. NELSON and STEPHEN REINHARDT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Bradford R. Jerbic, Esq., City Attorney, Las Vegas, NV, for petitioner City of Las Vegas., Barbara E. Lichman, Esq.;  Berne C. Hart, Esq.;  Ricia R. Hager, Esq., Chevalier, Allen & Lichman, LLP, Costa Mesa, CA, for the petitioners.


• For Appellees:
  
• Anne Christenson, Esq.;  Joseph Manalili, Esq., Office of General Counsel, Federal Aviation Administration, Washington, DC, for the respondents., Ronald J. Tenpas, Esq., Acting Assistant Attorney General, Andrew C. Mergen, Esq.;  Ronald M. Spritzer, Esq., Environment & Natural Resources Division, Washington, DC, for the respondents.