CITY OF NAPLES AIRPORT AUTHORITY, Petitioner
v.
FEDERAL AVIATION ADMINISTRATION, Respondent
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 4, 2005.
Decided June 3, 2005.
Attorney(s) appearing for the Case
W. Eric Pilsk argued the cause for petitioner. With him on the briefs were Perry M. Rosen, Peter J. Kirsch, Lori Potter, Daniel S. Reimer, and F. Joseph McMackin, III.
Thomas R. Devine, Arthur P. Berg, and Patricia A. Hahn were on the brief for amicus curiae Airports Council International —North America in support of petitioner. David T. Ralston, Jr. entered an appearance.
Richard Baron was on the brief for amicus curiae Quiet Technologies, Inc. in support of petitioner.
Robert D. Pritt and David C. Weigel were on the brief for amici curiae City of Naples and Collier County in support of petitioner.
John A. Bryson, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Ellen J. Durkee, Attorney. Andrew C. Mergen, Lisa E. Jones, and Ronald M. Spritzer, Attorneys, entered appearances.
Kathleen A. Yodice, Robert E. Doyle, Jr., Daniel B. Rosenthal, David P. Murray, David A. Berg, Frank J. Costello, Jr., and Scott M. Zimmerman were on the brief of amici curiae Aircraft Owners and Pilots Association, Inc., et al. in support of respondent. Meredith L. Flax and Thomas Richichi entered appearances.
Before: RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
RANDOLPH, Circuit Judge.
This is a petition for judicial review of an order of the Associate Administrator of the Federal Aviation Administration—the FAA—disqualifying the City of Naples Airport Authority from receiving grants under the Airport and Airway Improvement Act of 1982, 49 U.S.C. § 47107 et seq. (the "Improvement Act"). In order to be eligible for grants, an airport must be "available for public use on reasonable conditions and...
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