SIERRA CLUB v. SKINNER

Nos. 88-1521, 88-7019.

885 F.2d 591 (1989)

SIERRA CLUB, a nonprofit corp., Washoe County, a political subdivision of the State of Nevada; Lake County, a political subdivision of the State of Oregon; Nevada Outdoor Recreational Association, Inc., a Nevada nonprofit corporation, Plaintiffs-Appellants, v. Samuel K. SKINNER, Secretary of Transportation, James B. Busey, Administrator of the Federal Aviation Administration, Defendants-Appellees. SIERRA CLUB, a nonprofit corp.; Washoe County, a political subdivision of the State of Nevada; Lake County, a political subdivision of the State of Oregon; Nevada Outdoor Recreational Association, Inc., a Nevada nonprofit corporation, Petitioners, v. DEPARTMENT OF TRANSPORTATION, and Federal Aviation Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1989.


Attorney(s) appearing for the Case

Laurens H. Silver, San Francisco, Cal., for plaintiffs-appellants-petitioners.

Anne S. Almy, Washington, D.C., for defendants-appellees-respondents.

Before FLETCHER and BEEZER, Circuit Judges, and KING, Senior District Judge.


SAMUEL P. KING, District Judge:

In No. 88-1521, Plaintiffs/Appellants appeal the district court's dismissal for lack of subject matter jurisdiction. We affirm.

In No. 88-7019, Petitioners pray for leave to file a late petition for review. We deny the petition.

I

In the early 1980's, the Federal Aviation Administration ("FAA") established the Hart Air Traffic Control Center Assigned Airspace ("ATCAA") in airspace between 18,000 feet above...

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