United States DC Circuit

Challenges by an air tour group, to an FAA rule limiting the number of air tours permitted to fly over a national park, are rejected. Environmental group's challenges are remanded where the FAA altered a National Park Service definition of substantial restoration, and its noise methodology was arbitrary and capricious.

Appellate Information

• Argued 05/09/2002
• Decided 08/16/2002
• Published 08/16/2002

Judges

• Before:  EDWARDS, HENDERSON, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William Davis Thode and Joseph F. Becker argued the cause for petitioners United States Air Tour Association, et al.   With them on the briefs was William Perry Pendley.  Lorraine B. Halloway and Timothy M. Biddle entered appearances., Alexander E. Dreier argued the cause for petitioners Grand Canyon Trust, et al.   With him on the briefs were Michael L. Kidney, Catherine S. Stetson, Jeffrey C. Nelson, and Robert Wiygul., Michael L. Kidney, Catherine E. Stetson, Alexander E. Dreier, Jeffrey C. Nelson, and Robert Wiygul were on the brief of intervenors Grand Canyon Trust, et al., Glenn M. Feldman argued the cause and filed the brief for intervenor Hualapai Indian Tribe.


• For Appellees:
  
• Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief was Ellen J. Durkee, Attorney.