United States DC Circuit
BFI WASTE SYS. OF N. AM., INC. V. FAA, 01-1152
The FAA's determination, that a proposed expansion of a landfill near an airport would be a hazard to air navigation, was arbitrary and capricious, because the FAA violated its own procedures in conducting an aeronautical study and giving notice, and the findings of adverse impact were unsupported by substantial evidence.
Appellate Information
- Argued 03/15/2002
- Decided 06/18/2002
- Published 06/18/2002
Judges
- Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Michael S. McCarthy argued the cause for the petitioner. Michael S. Freeman was on brief.
- For Appellees:
- Jeffrica Jenkins Lee, Attorney, United States Department of Justice, argued the cause for the respondent. Robert S. Greenspan, Attorney, United States Department of Justice, was on brief. Christine N. Kohl, Attorney, United States Department of Justice, entered an appearance.