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NATIONAL PARKS & CONSERVATION ASS'N v. U.S. DEPT. OF TRANSP.

No. 98-71268.

222 F.3d 677 (2000)

NATIONAL PARKS & CONSERVATION ASSOCIATION; Malama Pono, Inc., Petitioners, v. U.S. DEPARTMENT OF TRANSPORTATION; Rodney Slater, Secretary, in his official capacity as Secretary of Transportation; Federal Aviation Administration, Jane in her official capacity as Administrator of the Federal Aviation Administration and William Withcombe, in his official capacity as Regional Administrator for the Western-Pacific Region of the Federal Aviation Administration, Respondents, State of Hawaii, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2000

Attorney(s) appearing for the Case

Deborah A. Sivas, Earthlaw, Stanford, California, argued the cause for the petitioners.

M. Alice Thurston, United States Department of Justice, Washington, D.C., argued the cause for the respondents. With her on the brief was Peter Coppelman, Acting Assistant Attorney General, Ellen Durkee, and Andrew Mergen, Department of Justice, and Daphne A. Fuller and Holly Woodruff-Lyons, Federal Aviation Administration, Washington, D.C.

Thomas R. Keller, Acting Attorney General of Hawaii, Honolulu, Hawaii, filed a brief for Intervenor State of Hawaii. With him on the brief was Anne S. Faust, Lane T. Ishida and Bruce Y. Matsui, Deputy Attorneys General, Honolulu, Hawaii.

Before: D.W. NELSON, KOZINSKI and W. FLETCHER, Circuit Judges.

KOZINSKI, Circuit Judge:

National Parks and Conservation Association and Malama Pono (collectively National Parks) are environmental organizations that petition for review of the Federal Aviation Administration's (FAA) approval of the expansion of Kahului Airport in Maui. National Parks contend that the FAA violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., by failing to analyze the...

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