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NATURAL RESOURCES DEFENSE COUNCIL v. F.A.A.

No. 01-1225.

292 F.3d 875 (2002)

NATURAL RESOURCES DEFENSE COUNCIL and Wilderness Society, Petitioners, v. FEDERAL AVIATION ADMINISTRATION and Jane F. Garvey, Administrator, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2002.

Attorney(s) appearing for the Case

Robert A. Bourque argued the cause for petitioners. With him on the briefs were Johanna H. Wald, Leslie Jones, Paul C. Gluckow and Sharon Buccino.

Susan Pacholski, Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief was Ronald Spritzer, Attorney.

William P. Horn was on the brief for intervenor.

Before: GINSBURG, Chief Judge, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Natural Resources Defense Council, Inc. and The Wilderness Society (collectively "NRDC") petition for review of the Federal Aviation Administration's determination that the National Parks Air Tour Management Act of 2000, 49 U.S.C. § 40128, does not bar Vortex Aviation Inc.'s ("Vortex") proposed sightseeing tours out of the Jackson Hole Airport. Because we conclude that the...

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