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U.S. AIR TOUR ASS'N v. F.A.A.

Nos. 00-1201, 00-1212.

298 F.3d 997 (2002)

UNITED STATES AIR TOUR ASSOCIATION, et al., Petitioners, v. FEDERAL AVIATION ADMINISTRATION, et al.,Respondents. Grand Canyon Trust, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 16, 2002.

Attorney(s) appearing for the Case

William Davis Thode and Joseph F. Becker argued the cause for petitioners United States Air Tour Association, et al. With them on the briefs was William Perry Pendley. Lorraine B. Halloway and Timothy M. Biddle entered appearances.

Alexander E. Dreier argued the cause for petitioners Grand Canyon Trust, et al. With him on the briefs were Michael L. Kidney, Catherine S. Stetson, Jeffrey C. Nelson, and Robert Wiygul.

Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was Ellen J. Durkee, Attorney.

Michael L. Kidney, Catherine E. Stetson, Alexander E. Dreier, Jeffrey C. Nelson, and Robert Wiygul were on the brief of intervenors Grand Canyon Trust, et al.

Glenn M. Feldman argued the cause and filed the brief for intervenor Hualapai Indian Tribe.

Before: EDWARDS, HENDERSON, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

As part of an ongoing effort to reduce aircraft noise in Grand Canyon National Park, the Federal Aviation Administration (FAA) promulgated a rule limiting the number of air tours permitted to fly over the Park. Two groups of petitioners, one led by the United States Air Tour Association and the other by the Grand Canyon Trust, challenge...

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