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WEST HOUSTON AIR COMMITTEE v. F.A.A.

Nos. 85-4099, 85-4123.

784 F.2d 702 (1986)

WEST HOUSTON AIR COMMITTEE and Andrew Jackson, Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Fifth Circuit.

March 12, 1986.

Attorney(s) appearing for the Case

Jeffrey Civins, Austin, Tex., for petitioners.

John T. Stahr, Atty., Dept. of Justice, Appellate Sec., Lands Div., Jacques B. Gelin, Peter R. Steenland, Jr., Attys., Washington, D.C., Jake Johnson, Houston, Tex., for respondent.

Before THORNBERRY, ALVIN B. RUBIN and E. GRADY JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this case we are asked to determine whether the Federal Aviation Administration (FAA) was plainly erroneous in deciding that an environmental assessment was not necessary in granting an Airport Operating Certificate to West Houston Airport (West Houston) pursuant to 14 C.F.R. Part 139. An Airport Operating Certificate, also known as a Part 139 certificate, authorizes an airport to serve any...

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