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CLEVELAND NAT. AIR SHOW v. U.S. DEPT. OF TRANSP.

No. 04-4089.

430 F.3d 757 (2005)

CLEVELAND NATIONAL AIR SHOW, INC., Petitioner, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 2005.

Attorney(s) appearing for the Case

ARGUED: Jay Clinton Rice, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, for Petitioner. John Koppel, United States Department of Justice, Washington, D.C., for Respondents. ON BRIEF: Jay Clinton Rice, Timothy John Fitzgerald, Joseph W. Pappalardo, Colleen A. Mountcastle, Gallagher, Sharp, Fulton & Norman, Cleveland, Ohio, for Petitioner. John Koppel, Mark B. Stern, United States Department of Justice, Washington, D.C., for Respondents.

Before: SILER and SUTTON, Circuit Judges; SHARP, District Judge.

OPINION

SUTTON, Circuit Judge.

The Cleveland National Air Show challenges an order of the Federal Aviation Administration (FAA) denying its request for a waiver that would allow it to conduct its air show within a congressionally mandated no-fly zone surrounding Jacobs Field, the home of the Cleveland Indians. Because the FAA reasonably interpreted the waiver provision and because the Air Show's other challenges to the waiver decision are unconvincing, we...

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