TOWN OF MARSHFIELD v. F.A.A.

No. 07-2820.

552 F.3d 1 (2008)

TOWN OF MARSHFIELD, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, First Circuit.

Decided December 18, 2008.


Attorney(s) appearing for the Case

Andrea C. Ferster on brief for petitioner.

Elizabeth Ann Peterson, Andrew C. Mergen, M. Alice Thurston, Environmental & Natural Resources Division, Department of Justice, and Ronald J. Tenpas, Assistant Attorney General, on brief for respondent.

Before BOUDIN, STAHL and HOWARD, Circuit Judges.


BOUDIN, Circuit Judge.

The Federal Aviation Administration ("FAA") has authority to prescribe aircraft approach and departure patterns in order to minimize noise and ensure safety. See 49 U.S.C. §§ 44502, 44505 (1994). In 2002, the agency approved a change in the runway layout of Logan Airport in Boston to include a new runway and, at the same time, began a study of improved noise abatement measures. The outcome was the "Boston Overflight Noise Study...

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