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TOWN OF WINTHROP v. F.A.A.

No. 07-1953.

535 F.3d 1 (2008)

TOWN OF WINTHROP, et al., Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent, Massachusetts Port Authority, Intervenor-Respondent.

United States Court of Appeals, First Circuit.

Decided July 23, 2008.

Attorney(s) appearing for the Case

Peter L. Koff with whom Engel & Schultz, LLP, Jerome E. Falbo, and Falbo Solari & Goldberg were on brief for petitioner.

M. Alice Thurston, Attorney, U.S. Department of Justice, with whom Ronald J. Tenpas, Assistant Attorney General, Ronald M. Spritzer, Attorney, U.S. Department of Justice, and John Donnelly, Attorney, Federal Aviation Administration, were on brief for respondent.

Roscoe Trimmier, Jr., with whom Richard J. Lettieri, F. Turner Buford, Ropes & Gray LLP, David S. Mackey, Massachusetts Port Authority, and Ira M. Wallach, Massachusetts Port Authority, were on brief for intervenor-respondent.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

The Town of Winthrop, which is located next to Boston's Logan International Airport ("Logan"), and two local residents (one from Winthrop and one from East Boston) petition this court for review of a Federal Aviation Administration ("FAA") order permitting the construction of a new taxiway at the airport. They argue primarily that the FAA acted arbitrarily and capriciously in deciding that it did not need to prepare a supplemental environmental...

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