GRAND CANYON AIR TOUR COALITION v. F.A.A.

Nos. 97-1003, 97-1014, 97-1104, 97-1112 and 97-1279.

154 F.3d 455 (1998)

GRAND CANYON AIR TOUR COALITION, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, Grand Canyon Trust, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 4, 1998.


Attorney(s) appearing for the Case

Walter A. Smith, Jr. argued the cause for petitioners Grand Canyon Trust, et al., with whom Michael L. Kidney and Robert Wiygul were on the briefs.

E. Donald Elliott argued the cause for petitioner Grand Canyon Air Tour Coalition, with whom Michael A. Wiegard and Christopher A. Cole were on the briefs.

Jill E. Grant argued the cause for petitioner Hualapai Indian Tribe, with whom Joshua S. Grinspoon was on the briefs.

Eliot R. Cutler argued the cause for petitioners Clark County Department of Aviation, et al., with whom John E. Putnam and Stacie Brown were on the briefs.

Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for respondents. Lois J. Schiffer, Assistant Attorney General, Nancy B. Firestone, Deputy Assistant Attorney General, Albert M. Ferlo, Jr., Attorney, and Patricia Lane, Office of the Chief Counsel, Federal Aviation Administration, were on the brief. Anne S. Almy, Attorney, U.S. Department of Justice, entered an appearance.

Walter A. Smith, Jr., Michael L. Kidney and Robert Wiygul were on the brief for intervenors Grand Canyon Trust, et al.

Jill E. Grant and Joshua S. Grinspoon were on the brief for intervenor Hualapai Indian Tribe.

John E. Putnam, Eliot R. Cutler and Stacie Brown were on the brief for intervenors Clark County Department of Aviation, et al.

Before: SILBERMAN, ROGERS and GARLAND, Circuit Judges.


GARLAND, Circuit Judge:

In response to an Act of Congress, the Federal Aviation Administration (the "FAA") developed a three-part plan to reduce aircraft noise from sightseeing tours in the Grand Canyon National Park (the "Park"). On December 31, 1996, the FAA issued the first final rule and proposed two further rules to implement the balance of the plan. In this case, we consider attacks on the final rule by four groups of petitioners: the Grand Canyon Air Tour Coalition...

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