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AIRPORT NEIGHBORS ALLIANCE, INC. v. U.S.

No. 95-9503.

90 F.3d 426 (1996)

AIRPORT NEIGHBORS ALLIANCE, INC., a New Mexico corporation, Petitioner, v. UNITED STATES of America; Federico Pena, Secretary of Transportation; David R. Hinson, Administrator, Federal Aviation Administration; Cynthia Rich, Assistant Administrator, Airports Division; Albuquerque, City of, Respondents.

United States Court of Appeals, Tenth Circuit.

July 23, 1996.

Attorney(s) appearing for the Case

Eric Ames of the Western Environmental Law Center, Taos, NM, (Grove T. Burnett, of the Western Environmental Law Center, with him on the brief), for Petitioner.

Michael M. Conway of Hopkins & Sutter, Chicago, IL (Mark G. Shoesmith, of the Albuquerque City Attorney's Office, NM, and Michael Schneiderman, of Hopkins & Sutter, Chicago, IL, with him on the brief), for Respondent City of Albuquerque.

Peter R. Steenland, Jr., U.S. Department of Justice (Lois J. Schiffer, Asst. Atty. General, and Andrew C. Mergen, Attorney, U.S. Department of Justice, and Daphne A. Fuller, Eric Anderson and Loretta Barlow, Federal Aviation Administration, with him on the brief), for Federal Respondents.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and LUCERO, Circuit Judge.

EBEL, Circuit Judge.

The number of passengers flying in and out of New Mexico's sole commercial jet airport has been increasing during the 1990s, and the City of Albuquerque — home to the Albuquerque International Airport — projects the passenger traffic at the Airport to continue a steep ascent. Anticipating a growing influx in passengers, the City proposed to upgrade Runway 3-21 at the Albuquerque International Airport in order to enable it to accommodate...

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