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COUNTY OF DELAWARE, PA. v. DEPARTMENT OF TRANSP.

No. 07-1385.

554 F.3d 143 (2009)

COUNTY OF DELAWARE, PENNSYLVANIA, a Political Subdivision of the Commonwealth of Pennsylvania, et al., Petitioners v. DEPARTMENT OF TRANSPORTATION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 2009.

Attorney(s) appearing for the Case

Barbara E. Lichman argued the cause for petitioners. With her on the briefs were Berne C. Hart, Steven M. Taber, and Jeffrey L. Karlin.

Lane McFadden, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Ellen J. Durkee, Attorney, and Ellen Athas, Attorney, Federal Aviation Administration. Ronald M. Spritzer, Attorney, U.S. Department of Justice, entered an appearance.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

On July 30, 2007, the Federal Aviation Administration ("FAA") published a notice in the Federal Register entitled Federal Presumed to Conform Actions Under General Conformity ("PTC List"). 72 Fed. Reg. 41,565. The PTC List, promulgated by the FAA under authority granted it by the Environmental Protection Agency ("EPA"), see 40 C.F.R. §§ 93.153(f)-(h), set forth a list of 15 categories of FAA actions that are presumed...

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