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MORONGO BAND OF MISSION INDIANS v. FEDERAL AVIATION ADMINISTRATION

No. 98-70033.

161 F.3d 569 (1998)

MORONGO BAND OF MISSION INDIANS, Petitioner, v. FEDERAL AVIATION ADMINISTRATION; William Withycombe, Regional Administrator, FAA, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1998.

Attorney(s) appearing for the Case

John R. Shordike, Alexander & Karshmer, Berkeley, California, for petitioner.

Marta Hoilman, Environment and Natural Resources Division, United States Department of Justice, Washington D.C., for respondents.

Perry M. Rosen, Cutler & Stanfield, Washington, D.C., for amicus curiae City of Los Angeles.

Steven R. Orr, Richards, Watson & Gershon, Los Angeles, California, for amici curiae City of Hermosa Beach, City of Redondo Beach, City of Manhattan Beach, City of Rancho Palos Verdes, City of Hawthorne, and City of El Segundo.

Before: BRUNETTI, TASHIMA and GRABER, Circuit Judges.

TASHIMA, Circuit Judge:

The Morongo Band of Mission Indians ("Morongo Band" or "Tribe") petitions for review of a Record of Decision ("ROD") of the Federal Aviation Administration ("FAA"), implementing the Los Angeles International Airport ("LAX") East Arrival Enhancement Project ("AEP"). The Morongo Band raises claims under the National Environmental Policy Act ("NEPA"), 42 U.S.C. §§ 4321-4347, section 106 of the National Historic Preservation Act ("NHPA...

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