United States DC Circuit

The Federal Aviation Administration's disqualification of the City of Naples Airport Authority from receiving grants under the Airport and Airway Improvement Act was arbitrary and capricious and not supported by substantial evidence.

Appellate Information

• Argued 03/04/2005
• Decided 06/03/2005
• Published 06/07/2005

Judges

• RANDOLPH, Circuit Judge., Before:  RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• W. Eric Pilsk argued the cause for petitioner.   With him on the briefs were Perry M. Rosen, Peter J. Kirsch, Lori Potter, Daniel S. Reimer, and F. Joseph McMackin, III., Thomas R. Devine, Arthur P. Berg, and Patricia A. Hahn were on the brief for amicus curiae Airports Council International-North America in support of petitioner.  David T. Ralston, Jr. entered an appearance., Richard Baron was on the brief for amicus curiae Quiet Technologies, Inc. in support of petitioner., Robert D. Pritt and David C. Weigel were on the brief for amici curiae City of Naples and Collier County in support of petitioner.


• For Appellees:
  
• John A. Bryson, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief was Ellen J. Durkee, Attorney.   Andrew C. Mergen, Lisa E. Jones, and Ronald M. Spritzer, Attorneys, entered appearances., Kathleen A. Yodice, Robert E. Doyle, Jr., Daniel B. Rosenthal, David P. Murray, David A. Berg, Frank J. Costello, Jr., and Scott M. Zimmerman were on the brief of amici curiae Aircraft Owners and Pilots Association, Inc., et al. in support of respondent.  Meredith L. Flax and Thomas Richichi entered appearances.