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CITY OF LOS ANGELES v. F.A.A.

Nos. 96-70340, 96-70381.

138 F.3d 806 (1998)

CITY OF LOS ANGELES, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, Burbank Glendale Pasadena Airport Authority, Respondent-Intervenor. CITY OF BURBANK, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent, Burbank Glendale Pasadena Airport Authority, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1998.

Attorney(s) appearing for the Case

William L. Waterhouse, Assistant City Attorney, Los Angeles, California; Peter J. Kirsch, Cutler & Stanfield, Washington, DC, for petitioners.

M. Alice Thurston, U.S. Department of Justice, Washington, DC, for respondent.

Richard K. Simon, McDermott, Will & Emery, Los Angeles, California, for respondent/intervenor.

Before: SCHROEDER and KOZINSKI, Circuit Judges, and WHYTE, District Judge.

KOZINSKI, Circuit Judge.

The Federal Aviation Administration has approved the Burbank-Glendale-Pasadena Airport's plan to double the size of its terminal. This being a "major federal action" the FAA prepared an environmental impact statement which asserts, inter alia, that building a larger terminal won't materially affect the number of people who use the airport. "`[I]f you build it, they will come,'" the appellants parry...

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