CITY OF GRAPEVINE, TEX. v. DEPARTMENT OF TRANSP.

No. 92-1151.

17 F.3d 1502 (1994)

CITY OF GRAPEVINE, TEXAS, et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, et al., Respondents. Dallas/Fort Worth International Airport Board, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 18, 1994.

Rehearing Denied May 9, 1994.


Attorney(s) appearing for the Case

Eliot R. Cutler, argued the cause for petitioners. With him on the briefs was Perry M. Rosen. Peter J. Kirsch, Robert H. Power, and Christopher Caso entered an appearance for petitioners in No. 92-1151. Peter J. Kirsch and James W. Deatherage entered an appearance for petitioner in No. 92-1158. John Longstreth entered an appearance for petitioners in No. 92-1247.

Albert M. Ferlo, Jr., Attorney, United States Department of Justice, argued the cause for respondents. With him on the brief was Peter R. Steenland, Jr., Acting Deputy Assistant Attorney General, United States Department of Justice.

Michael Schneiderman argued the cause for intervenor Dallas/Fort Worth International Airport Board. With him on the brief were Kevin E. Cox and Michael M. Conway.

On the brief for amici curiae The Church in Dallas, The Church in Irving, and the Living Stream Ministry was Rangely Wallace.

On the brief for amicus curiae Natural Resources Defense Council was S. Jacob Scherr.

On the brief for amicus curiae National Trust for Historic Preservation in the United States was Elizabeth S. Merritt. Paul W. Edmondson and Andrea C. Ferster entered an appearance.

Before MIKVA, Chief Judge, BUCKLEY, and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Various individuals and political subdivisions of the State of Texas petition for review of the Federal Aviation Administration's decision approving a plan to expand the Dallas/Fort Worth International Airport and declaring portions of the expansion project eligible for federal funding. The petitioners contend that: (1) the FAA's categorical exclusion of some elements of the expansion...

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