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KHODARA ENVIRONMENTAL, INC. v. BLAKEY

No. 02-4038.

376 F.3d 187 (2004)

KHODARA ENVIRONMENTAL, INC., General Partner, on Behalf of Eagle Environmental, L.P. v. Marion BLAKEY; Federal Aviation Administration; Clearfield-Jefferson Counties Regional Airport Authority; Donald R. Johnson; Paul Sekula; William Miksich; Frederick G. Murray; Tim Morgan; Robert E. Reitz; Henry Deible; Paul McMillen; Mark McKinley; Jefferson County; Pine Creek Township (Intervenor-defendants in D.C.) Leatherwood, Inc. v. The Pennsylvania Department of Environmental Protection; Jefferson County, Pennsylvania; Pinecreek Township; Federal Aviation Administration; Marion Blakey Khodara Environmental, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed July 21, 2004.

Attorney(s) appearing for the Case

William F. Fox, Jr., (argued), J.P. Mascaro & Sons, Hurleysville, PA, for Appellant.

Teal Luthy Miller, (argued), Scott R. McIntosh, United States Department of Justice, Washington, D.C., for Appellee Federal Aviation Administration and Marion Blakey.

Robert P. Ging, Jr., (argued), Confluence, PA, for Appellees Jefferson City and Township of Pine Creek.

Before ALITO, FUENTES, and BECKER, Circuit Judges.

ALITO, Circuit Judge.

Khodara Environmental, Inc., the general partner of a company (Eagle Environmental, L.P.) that wishes to develop the "Happy Landing Landfill" in Jefferson County, Pennsylvania, contests the District Court's denial of its request for a declaratory judgment that the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century ("the Wendell Ford Act") does not prohibit the landfill. The Federal Aviation Administration ("FAA"), Jefferson...

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