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CUSTER COUNTY ACTION ASS'N v. GARVEY

No. 99-9543.

256 F.3d 1024 (2001)

CUSTER COUNTY ACTION ASSOCIATION; National Airspace Coalition; Open Space Alliance; The Wilderness Society; Board of Directors of Moffat Consolidated School District No. 2; Custer County Airport Authority; Fremont County Airport; The Board of the Town of Crestone; The Board of County Commissioners of Custer County; The Board of County Commissioners of Fremont County, Colorado; The Board of County Commissioners of Saguache County, Colorado; The Spiritual Life Institute; La Veta Peace of Air Alliance; Crestone Moffat Business Association; Huerfano Valley Citizens Alliance; Rural Alliance for Military Accountability; Wolf Springs Ranches, Inc.; The Historic Pines Ranch; Custer County Bison; Karen G. Woronoff; David S. Woronoff, Petitioners, v. Jane F. GARVEY, as Administrator of the Federal Aviation Administration; and United States Air Force Major General Paul A. Weaver, Jr., as Director of the Air National Guard, Respondents.

United States Court of Appeals, Tenth Circuit.

July 19, 2001.

Attorney(s) appearing for the Case

Brian B. O'Neill (Michael A. Ponto, Elizabeth H. Schmiesing, and Michael D. Beach of Faegre & Benson LLP, Minneapolis, Minnesota; and Colin C. Deihl of Faegre & Benson LLP, Denver, Colorado, with him on the briefs) of Faegre & Benson LLP, Minneapolis, Minnesota, for Petitioners.

Ronald M. Spritzer (Lois J. Schiffer, Assistant Attorney General; M. Alice Thurston, Department of Justice; Hans I.E. Bjornson, Federal Aviation Administration; and Randy Chambers, National Guard Bureau, with him on the brief), Department of Justice, Washington, DC, for Respondents.

Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and BROWN, District Judge.

BRORBY, Senior Circuit Judge.

Petitioners ask us to reverse the Federal Aviation Administration's (FAA) and Air National Guard's (ANG) orders approving the Colorado Airspace Initiative (Initiative) and finding adequate the Final Environmental Impact Statement on the Initiative. They claim the orders approving the Initiative and the underlying environmental impact analysis violate the Federal Aviation Act, 49 U.S.C. § 40103(b)(3), and the National Environmental...

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