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TOWN OF RYE, N.Y. v. SKINNER

Nos. 1513, 1599, Dockets 90-4016, 90-4036.

907 F.2d 23 (1990)

TOWN OF RYE, NEW YORK, Town of North Castle, New York, City of Rye, New York, Town/Village of Harrison, New York, Town of New Castle, New York, Town of Mt. Pleasant, New York, Town of Greenwich, Connecticut, Air Conservation Trust, Inc., Airport Concern Team, Inc., and Westchester Coalition to Limit Airport Expansion, Inc., Petitioners, v. Samuel K. SKINNER, Secretary of Transportation, James B. Busey, Administrator, Federal Aviation Administration, the Federal Aviation Administration, Daniel J. Peterson, Regional Administrator, Federal Aviation Administration, Eastern Region, William Handel, Manager, Airports Division, Federal Aviation Administration, County of Westchester, New York, Andrew P. O'Rourke, County Executive for the County of Westchester, New York, Westchester County Board of Legislators and Westchester County Department of Transportation, Respondents.

United States Court of Appeals, Second Circuit.

Decided June 25, 1990.

Attorney(s) appearing for the Case

David Sive (Richard M. Hall, Andrew J. Gershon, Sive, Paget & Riesel, New York City, of counsel), for petitioners.

Vicki L. Plaut, Dept. of Justice, Environment and Natural Resources Div., Washington, D.C. (Richard B. Stewart, Peter R. Steenland, Jr., Dept. of Justice, Environment and Natural Resources Div., Washington, D.C., Kevin M. Blake, Federal Aviation Admin., Jamaica, N.Y., of counsel), for federal respondents.

Carol L. Van Scoyoc, Asst. County Atty. for Westchester County (Marilyn J. Slaatten, Westchester County Atty., Kenneth E. Powell, Deputy County Atty. for Westchester County, White Plains, N.Y., of counsel), for Westchester County respondents.

Before MESKILL, PIERCE and PRATT, Circuit Judges.

PER CURIAM:

These are petitions for review pursuant to 49 U.S.C.app. § 1486 of two orders of the Federal Aviation Administration (FAA), which (1) issued a Record of Decision (ROD) and a Finding of No Significant Impact (FONSI), thereby approving various proposed projects at the Westchester County Airport (Airport), and (2) approved the Airport Layout Plan, a map reflecting the proposed projects.

The petitions for review are denied.

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