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LIFE OF THE LAND v. BRINEGAR

No. 73-1784.

485 F.2d 460 (1973)

LIFE OF THE LAND et al., Appellants, v. Claude S. BRINEGAR, Individually and in his capacity as Secretary of the United States Department of Transportation, et al., Appellees, and Kalihi-Palama Community Council et al., Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 16, 1973.

Attorney(s) appearing for the Case

Michael R. Sherwood (argued), Brook Hart (argued), William S. Hunt, of Hart, Sherwood, Leavitt, Blanchfield & Hall, Honolulu, Hawaii, for appellants.

Warren H. Higa, Dep. Atty. Gen. (argued), Honolulu, Hawaii, Peter R. Steenland (argued), Carl Strass (argued), Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Dept. of Justice, Washington, D. C., George Pai, Atty. Gen., Harold M. Fong, U. S. Atty., William C. McCorriston, Asst. U. S. Atty., Honolulu, Hawaii, for appellees.

George Playdon (argued), Tobias C. Tolzmann (argued), Honolulu, Hawaii, for intervenor.

Shearer, Lanctot, Thomas, Knorp, San Francisco, Cal., for National Audubon Society, Inc.; Gifford, Woody, Carter & Hays, New York City, for amicus curiae.

Before HAMLIN and TRASK, Circuit Judges, and BELLONI, District Judge.

OPINION

HAMLIN, Circuit Judge:

INTRODUCTION

This environmental law case is an appeal from the Final Decision and Order of the United States District Court for the District of Hawaii, holding that appellees have complied with the provisions of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321 et seq., and the Airport and Airways Development Act of 1970 (AADA), 49 U.S.C. §§ 1701 et seq., and denying appellants...

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