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SIERRA CLUB v. UNITED STATES DEPT. OF TRANSP.

Nos. 83-1832, 83-1877.

753 F.2d 120 (1985)

SIERRA CLUB, a nonprofit California corporation, Petitioner, v. The UNITED STATES DEPARTMENT OF TRANSPORTATION; the Federal Aviation Administration; Elizabeth Hanford Dole, individually and as Secretary of the U.S. Department of Transportation; J. Lynn Helms, individually and as Administrator of the Federal Aviation Administration; Frontier Airlines, Inc., a Nevada Corp.; Jackson Hole Airport Board, an agency organized under the laws of the State of Wyoming, Respondents. SIERRA CLUB, a nonprofit California corporation, Petitioner, v. The UNITED STATES DEPARTMENT OF TRANSPORTATION; the Federal Aviation Administration; Elizabeth Hanford Dole, individually and as Secretary of the U.S. Department of Transportation; J. Lynn Helms, individually and as Administrator of the Federal Aviation Administration; Western Airlines, Inc., a Delaware Corporation; Jackson Hole Airport Board, an agency organized under the laws of the State of Wyoming, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 25, 1985.

Attorney(s) appearing for the Case

Howard I. Fox, Washington, D.C., for petitioner. H. Anthony Ruckel, Denver, Colo., also entered an appearance for petitioner.

J. Carol Williams, Atty., Dept. of Justice, Washington, D.C., with whom Peter R. Steenland, Jr., Atty., Dept. of Justice, Kenneth N. Weinstein and Debra A. Weiner, Attys., Dept. of Justice, Washington, D.C., were on brief, for federal respondents. Nancy B. Firestone and Martin W. Matzen, Attys., Dept. of Justice, Washington, D.C., also entered appearances for federal respondents.

David N. Brictson, Denver, Colo., and Joseph B. Goldman, Washington, D.C., were on brief, for respondent, Frontier Airlines, Inc.

Thomas G. Allison, Bradley M. Martin, Seattle, Wash., and Jonathan Blank, Washington, D.C., were on the brief, for respondent, Western Airlines.

J. Michael Morgan, Denver, Colo., was on brief, for respondent, Jackson Hole Airport Board.

Before MIKVA, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

The Federal Aviation Administration ("FAA"), in two orders dated March 22, 1983 and June 23, 1983, Joint Appendix ("J.A.") at 65, 305, amended the operations specifications of Frontier Airlines, Inc., and Western Airlines, Inc. The amending orders granted permanent authorizations to operate Boeing 737 ("B-737") jet airplanes out of Jackson Hole Airport, which is located within the Grand...

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