LINEAS AEREAS DEL CARIBE v. DEPT. OF TRANSP.

Nos. 85-1387, 85-1548 and 85-1806.

791 F.2d 972 (1986)

LINEAS AEREAS del CARIBE, S.A., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Respondents, Aeromar Hush Kit Corporation, et al., Intervenors. AEROMAR HUSH KIT CORPORATION, and Aeromar, C. Por A., Petitioners, v. DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Respondents, Trans Global Airlines, Inc., Intervenor. AEROVIAS COLUMBIANS LTDA., Petitioner, v. DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 1986.


Attorney(s) appearing for the Case

Joanne W. Young, New York City, for petitioner, Lineas Aereas del Caribe, S.A. in No. 85-1387.

Robert M. Hausman, Washington, D.C., for petitioner, Aeromar Hush Kit Corp. in No. 85-1548 and intervenor in No. 85-1387.

William B. Lazarus, Atty., Dept. of Justice, with whom James S. Dillman, Atty., F.A.A. and Anne S. Almy, Atty., Dept. of Justice, were on brief, for respondents in Nos. 85-1387, 85-1548 and 85-1806. Maria A. Iizuka, Atty., Dept. of Justice, Washington, D.C., also entered an appearance, for respondents in No. 85-1387.

Howard G. Feldman, Washington, D.C., entered an appearance, for petitioner, Aerovias Columbians Ltda., in No. 85-1806.

George U. Carneal and John C. Keeney, Jr., Washington, D.C., were on brief, for amicus curiae, Noise Limited, urging reversal.

Before WALD, MIKVA and EDWARDS, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The Federal Aviation Administration (FAA) establishes and enforces the maximum permissible noise levels for civil aircraft operating to and from United States airports. The FAA also grants exemptions from these regulations in the public interest. In Airmark Corp. v. FAA, 758 F.2d 685 (D.C.Cir.1985), this court upheld the FAA's broad discretion...

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