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CLARK COUNTY, NEV. v. F.A.A.

No. 06-1377.

522 F.3d 437 (2008)

CLARK COUNTY, NEVADA, A Political Subdivision of the State of Nevada, Petitioner v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 2008.

Attorney(s) appearing for the Case

Lori Potter argued the cause for petitioner. On the briefs were John E. Putnam, Peter J. Kirsch, Catherine M. van Heuven, and M. Brooke McKinley. Daniel S. Reimer entered an appearance.

Stephanie R. Marcus, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Thomas M. Bondy, Attorney. Robert S. Greenspan, Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

For several years, Clark County, Nevada, has been working with the Federal Aviation Administration on plans for a new airport southwest of Las Vegas. As that process unfolded, an alternative-energy company notified the FAA that it wanted to build a wind farm of 83 electricity-generating turbines on a mountain a few miles from the planned airport site. The FAA concluded that the 400-foot-tall turbines...

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