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CITY OF OLMSTED FALLS, OH v. F.A.A.

No. 00-1548.

292 F.3d 261 (2002)

CITY OF OLMSTED FALLS, OHIO, Petitioner, v. FEDERAL AVIATION ADMINISTRATION and Department of Transportation, Respondents. City of Cleveland, Ohio, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2002.

Rehearing Denied August 5, 2002.

Attorney(s) appearing for the Case

Barbara E. Lichman argued the cause for petitioner. With her on the briefs was Berne C. Hart.

Martin D. Gelfand, Staff Counsel, U.S. House of Representatives, was on the brief for amicus curiae U.S. Representative Dennis J. Kucinich in support of petitioner.

Lisa E. Jones, Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were John C. Cruden, Assistant Attorney General, James C. Kilbourne, and Andrew C. Mergen, Attorneys.

Michael M. Conway argued the cause for intervenor City of Cleveland, Ohio. With him on the brief was Michael Schneiderman.

Alan B. Daughtry and Sharon M. Mattox were on the brief for amicus curiae Continental Airlines Corporation, Inc. in support of respondent.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The City of Olmsted Falls, Ohio, petitions this Court for review of the Federal Aviation Administration's ("FAA") approval of the Record of Decision for a runway improvement project at Cleveland Hopkins International Airport. See Notice of Approval of the Record of Decision for Proposed Development at the Cleveland Hopkins International Airport, Cleveland, Ohio, 65 Fed....

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