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ALLISON v. DEPARTMENT OF TRANSP.

No. 89-1721.

908 F.2d 1024 (1990)

John W. ALLISON, Jr., et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, et al., Respondents, City and County of Denver, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 1990.

Attorney(s) appearing for the Case

Joel W. Cantrick, Denver, Colo., for petitioners.

Peter R. Steenland, Jr., Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., Robert L. Klarquist, Atty., Dept. of Justice, Washington, D.C., Diane R. Liff, Bethesda, Md., Asst. General Counsel, Dept. of Transp., and Gregory S. Walden and Richard W. Danforth, Attys., F.A.A., Washington, D.C., were on the brief, for respondents.

Michael M. Conway, with whom Michael Schneiderman and Steven A. Levy, Chicago, Ill., were on the brief, for intervenors. John H. Spellman and Robert P. Fletcher, Washington, D.C., also entered appearances for intervenors.

Before MIKVA, BUCKLEY and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

This case concerns the Federal Aviation Administration's approval of a major new facility to replace Denver's Stapleton International Airport. Petitioners challenge the FAA's determination that the noise generated by the new airport would not constitute the "use" of a nearby state park and wildlife refuge under section 4(f) of the Department of Transportation Act, 49 U.S.C. §...

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