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BFI WASTE SYSTEMS OF NORTH AMERICA, INC. v. F.A.A.

No. 01-1152.

293 F.3d 527 (2002)

BFI WASTE SYSTEMS OF NORTH AMERICA, INC., Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2002.

Attorney(s) appearing for the Case

Michael S. McCarthy argued the cause for the petitioner. Michael S. Freeman was on brief.

Jeffrica Jenkins Lee, Attorney, United States Department of Justice, argued the cause for the respondent. Robert S. Greenspan, Attorney, United States Department of Justice, was on brief. Christine N. Kohl, Attorney, United States Department of Justice, entered an appearance.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

Opinion concurring in part and dissenting in part filed by Circuit Judge TATEL.

KAREN LeCRAFT HENDERSON, Circuit Judge:

BFI Waste Systems of North America, Inc. (BFI), petitions for review of a Federal Aviation Administration (FAA) decision, see Appendix for Petitioner (JA) at 5-9 (Affirmation), affirming the FAA's earlier determination that BFI's proposed expansion of a landfill near Denver...

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