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STATE OF N.C. v. F.A.A.

No. 90-1768.

957 F.2d 1125 (1992)

STATE OF NORTH CAROLINA; William W. Cobey, Jr., Secretary of the Department of Environment, Health and Natural Resources, Petitioners, v. FEDERAL AVIATION ADMINISTRATION; Samuel K. Skinner, Secretary of Transportation; James B. Busey, Administrator, Federal Aviation Administration, Respondents, Carteret County Crossroads, Incorporated; Home on the Range, Incorporated; Albemarle Commission; the Conservation Council of North Carolina; Valley Citizens For A Safe Environment; Downwinders, Incorporated; North Carolina Airspace Coalition, Incorporated; Citizen Alert, and the Rural Alliance For Military Accountability, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 1992.

As Amended March 23, 1992.

Attorney(s) appearing for the Case

Thomas Frederick Moffitt, Sp. Deputy Atty. Gen., and Isaac Clark Wright, Jr., Associate Atty. Gen., argued (Lacy H. Thornburg, Atty. Gen., on brief), North Carolina Dept. of Justice, Raleigh, N.C., for petitioners.

Martin William Matzen, U.S. Dept. of Justice, argued (Richard B. Stewart, Asst. Atty. Gen., Dirk D. Snel, U.S. Dept. of Justice, Sheila Hughes Rodriguez, Office of Chief Counsel, Federal Aviation Admin., Stephen A. Banks, Cdr. and Ronald Borro, Judge Advocate Gen. Corps, Department of the Navy, on brief), Washington, D.C., for Respondents.

John D. Runkle, Chapel Hill, N.C., on brief, for amici curiae.

Before ERVIN, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.

OPINION

BUTZNER, Senior Circuit Judge:

The State of North Carolina petitions for review of a final rule issued by the Federal Aviation Administration (FAA) in Airspace Docket 85-ASO-16, 55 Fed.Reg. 11897 (March 30, 1990) (to be codified at 14 C.F.R. Parts 71 and 73), revoking, realigning, and establishing restricted airspace over eastern North Carolina at the request of the Navy. The rule's principal deficiency...

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