AIRPORT IMPACT RELIEF, INC. v. WYKLE

No. 99-1469.

192 F.3d 197 (1999)

AIRPORT IMPACT RELIEF, INC., et al., Plaintiffs, Appellants, v. Kenneth R. WYKLE, Administrator, Federal Highway Administration, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 1, 1999.


Attorney(s) appearing for the Case

Peter L. Koff, with whom McGowan, Engel, Tucker & Schultz, P.A. was on brief, for appellants.

Stephen H. Burrington and Veronica Eady on brief for Conservation Law Foundation and Alternatives for Community and Environment, amici curiae.

Marc P. Frey and Tinti, Quinn, Grover & Frey, P.C. on brief for Sierra Club, amicus curiae.

Jennifer Zacks, Assistant United States Attorney, and Stephen M. Leonard, with whom Donald K. Stern, United States Attorney, Thomas F. Reilly, Attorney General, Pierce O. Cray, Assistant Attorney General, Administrative Law Division, William L. Pardee, Assistant Attorney General, Environmental Protection Division, Marilyn Newman and Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C. were on brief, for appellees.

Before TORRUELLA, Chief Judge, LIPEZ, Circuit Judge, and FUSTÉ, District Judge.


TORRUELLA, Chief Judge.

Plaintiffs-appellants Airport Impact Relief, Inc. ("AIR") and individual residents of East Boston1 filed the present action to review and set aside the June 25, 1998 decision of Peter Markle, Division Administrator of the Federal Highway Administration ("FHWA"), to approve the Massachusetts Highway Department's ("MHD") revised plans for a construction project without preparing a supplemental environmental impact...

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