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

No. 99-70452.

239 F.3d 1033 (2001)

CITY OF LOS ANGELES; Los Angeles World Airports; Los Angeles Board of Airports Commissioners, Petitioners, v. U.S. FEDERAL AVIATION ADMINISTRATION; Jane F. Garvey, Administrator of the Federal Aviation Administration; Susan L. Kurland, Associate Administrator for Airports, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2001.

Attorney(s) appearing for the Case

Steven S. Rosenthal, Cooper, Carvin & Rosenthal, PLLC, Washington, D.C. and Scott P. Lewis, Palmer & Dodge LLP, Boston, Massachusetts, for the petitioners.

Robert D. Kamenshine, Civil Division, Department of Justice, Washington, D.C., for the respondents.

Before: ALFRED T. GOODWIN, PROCTER HUG, JR., and CYNTHIA HOLCOMB HALL, Circuit Judges.

Argued and Submitted December 7, 2000, Pasadena, California.

HUG, Circuit Judge:

Petitioners City of Los Angeles et al., who own and operate airports, challenge a Final Policy ("Policy") issued by the Federal Aviation Administration ("FAA"). According to the Policy, the Federal Aviation Administration Reauthorization Act of 1996 subjects airport operators who accepted federal grants in the past (like the City) to...

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