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AMERICAN BIRD CONSERVANCY, INC. v. F.C.C.

No. 06-1165.

516 F.3d 1027 (2008)

AMERICAN BIRD CONSERVANCY, INC. and Forest Conservation Council, Petitioners v. FEDERAL COMMUNICATIONS COMMISSION, Respondent CTIA—The Wireless Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 2008.

Attorney(s) appearing for the Case

Jennifer C. Chavez argued the cause for petitioner. With her on the briefs was Stephen E. Roady.

Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Andrew C. Mergen and Jennifer L. Scheller, Attorneys, U.S. Department of Justice, Samuel L. Feder, General Counsel, Federal Communications Commission, Joseph R. Palmore, Acting Deputy General Counsel, and Laurel R. Bergold, Counsel.

Michael F. Altschul, Gary L. Phillips, Michael P. Goggin, M. Robert Sutherland, Ian H. Gershengorn, Elaine J. Goldenberg, Jane E. Map, Jerianne Timmerman, Ann West Bobeck, Michael T. Fitch, L. Andrew Tollin, and Craig E. Gilmore were on the

Before ROGERS, GARLAND and KAVANAUGH, Circuit Judges.

Opinion for the Court filed PER CURIAM.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

PER CURIAM:

The American Bird Conservancy and Forest Conservation Council petition for review of an order by the Commission denying in part and dismissing in part their petition seeking protection of migratory birds from collisions with communications towers in the Gulf Coast region. In re Petition by Forest Conservation Council, American Bird Conservancy...

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