United States DC Circuit
St. John's United Church of Christ v. Fed. Aviation Admin., 071362
In religious petitioners' claim that the Federal Aviation Administration (FAA) violated the Religious Freedom Restoration Act (RFRA) arguing that one of the projects-runway construction necessitating a cemetery relocation-would "substantially burden" petitioners' exercise of religion, but would not further "a compelling governmental interest" is dismissed and remaining claims are rejected where: 1) petitioners failed to establish Article III standing to raise it; 2) petitioners did not show a substantial probability that in the absence of Passenger Facility Charges (PFCs) Chicago would leave the cemetery alone; and 3) on the merits of the secular claims, the FAA's authorization of PFCs was neither arbitrary nor capricious.
Appellate Information
- Decided 12/19/2008
- Published 12/19/2008
Judges
Court
- United States DC Circuit