TRANSBRASIL S.A. LINHAS v. DEPARTMENT OF TRANSP.

Nos. 85-1031, 85-1106.

791 F.2d 202 (1986)

TRANSBRASIL S.A. LINHAS AEREAS, Petitioner, v. DEPARTMENT OF TRANSPORTATION and Federal Aviation Administration, Respondents, Stewart International Airport, Intervenor. STERLING AIRWAYS A/S, Petitioner, v. DEPARTMENT OF TRANSPORTATION and Federal Aviation Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

June 3, 1986.


Attorney(s) appearing for the Case

Joanne W. Young, New York City, was on brief, for petitioner in No. 85-1031. Mahlon M. Frankhauser, New York City, also entered an appearance for petitioner in No. 85-1031.

Frederick S. Hird, Jr., Washington, D.C., was on brief, for petitioner in No. 85-1106.

Anne S. Almy, Maria A. Iizuka, Attys., Dept. of Justice and James S. Dillman, Asst. Chief Counsel, F.A.A., Washington, D.C., were on brief, for respondents in Nos. 85-1031 and 85-1106. John A. Bryson, Atty., Dept. of Justice, Washington, D.C., also entered an appearance, for respondents in No. 85-1031. Peter R. Steenland, Jr., Washington, D.C., also entered an appearance, for respondents in No. 85-1106.

Before WALD, MIKVA and EDWARDS, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Of late our skies have not been so friendly for foreign carriers, like petitioner1 Transbrasil S.A. Linhas Aereas ("Transbrasil"), which fly older four-engine aircraft not yet in compliance with Federal Aviation Administration ("FAA") noise standards. Although the FAA granted Transbrasil an exemption from those regulations...

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