CONSERVATION LAW FOUNDATION, INC. v. BUSEY

Nos. 92-1335, 92-1464, 95-1019, 95-1020, 95-1047 and 95-1048.

79 F.3d 1250 (1996)

CONSERVATION LAW FOUNDATION, INC., Petitioner, v. James BUSEY, Administrator, Federal Aviation Administration, et al., Respondents. TOWN OF NEWINGTON, NEW HAMPSHIRE, Petitioner, v. DEPARTMENT OF TRANSPORTATION, et al., Respondents. CONSERVATION LAW FOUNDATION, INC., Plaintiff-Appellant, v. DEPARTMENT OF the AIR FORCE, et al., Defendants-Appellees. TOWN OF NEWINGTON, NEW HAMPSHIRE, Plaintiff-Appellant, v. DEPARTMENT OF the AIR FORCE, et al., Defendants-Appellees. CONSERVATION LAW FOUNDATION, INC., and Town of Newington, New Hampshire, Plaintiffs-Appellees, v. DEPARTMENT OF the AIR FORCE, et al., Defendants-Appellees. State of New Hampshire, and Pease Development Authority, Defendants-Appellants. CONSERVATION LAW FOUNDATION, INC., Plaintiff-Appellee, v. DEPARTMENT OF the AIR FORCE, et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided April 2, 1996.


Attorney(s) appearing for the Case

Lewis M. Milford, Boston, MA, with whom Mark A. Sinclair, Waterbury, VT, Robert A. Backus and Backus, Meyer & Soloman, Manchester, NH, were on brief for Conservation Law Foundation.

Perry M. Rosen, with whom Dana C. Nifosi, Cutler & Stanfield, Washington, DC, Malcolm R. McNeill, Jr. and McNeill & Taylor, P.A., Dover, NH, were on brief for Town of Newington, New Hampshire.

Jeffrey P. Kehne, Attorney, Environment & Natural Resources Division, U.S. Department of Justice, with whom Lois J. Schiffer, Assistant Attorney General, Beverly Sherman Nash, Richard Sarver, Edward J. Shawaker, Attorneys, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC, Douglas J. Heady, Office of the General Counsel, Department of the Air Force, Alexandria, VA, Daphne A. Fuller, Attorney, Office of the Chief Counsel, Federal Aviation Administration, New York City, and John R. Michaud, Office of General Counsel, U.S. Environmental Protection Agency, Portland, ME, were on brief for the federal parties.

Donald W. Stever, with whom Jeffrey R. Howard, Attorney General, Steven M. Houran, Deputy Attorney General, Office of the Attorney General, Environmental Protection Bureau, and Dewey Ballantine, Washington, DC, were on brief for State of New Hampshire and Pease Development Authority.

Before SELYA and CYR, Circuit Judges, and SCHWARZER, Senior District Judge.


ON PETITION FOR REVIEW OF AN ORDER OF THE FEDERAL AVIATION ADMINISTRATION

SCHWARZER, Senior District Judge.

We must decide whether defendants have complied with various federal environmental laws that apply to the conversion of land on Pease Air Force Base (Pease) in New Hampshire to civilian use incident to the base's closure. The United States Air Force entered into a long-term lease of a portion of the base to Pease Development Authority (PDA). Concerned...

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