NATURAL RESOURCES DEFENSE COUNCIL, INC., Defenders of Wildlife, Friends of PFN, Petitioners,
v.
FEDERAL AVIATION ADMINISTRATION, Lynne A. Osmus, Acting Administrator, Federal Aviation Administration, Respondents,
Panama City-Bay County Airport and Industrial District, Intervenor.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 23, 2008.
Decided: May 1, 2009.
Attorney(s) appearing for the Case
Victor L. Hou, Geary Gottlieb Steen & Hamilton LLP, New York, New York (Melanie Shepherdson, Benjamin H. Longstreth, Natural Resources Defense Council, Inc., Washington D.C.; Jason Rylander, Defenders of Wildlife, Washington, D.C.; David N. Ellenhorn, Proskauer Rose LLP, New York, New York, on the brief), for Petitioners.
Ellen J. Durkee, Attorney, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C. (Todd Aagaard, Attorney, Matthew McKeown, Acting Assistant Attorney General, Environment & Natural Resources Division, United States Department of Justice; Derek L. Stotts, Office of the Regional Counsel, Federal Aviation Administration, Southern Region, Columbia Park, Georgia; Gail C. Orendorff, Office of the Chief Counsel, Federal Aviation Administration, Washington, D.C, on the brief), for Respondents.
Donald A. Carr, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C. (David J. Cynamon, Kenneth P. Quinn, Jennifer E. Trock, Renee Stone, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C; Joseph K. Tannehill, Chairman, Panama City-Bay County Airport and Industrial District, Panama City, Florida, on the brief), for Intervenor.
Christine E. Lamia, Counsel, Florida Department of Environmental Protection, Tallahassee, Florida, Amicus Curiae.
Before: SACK, KATZMANN, and RAGGI, Circuit Judges.
United States Court of Appeals, Second Circuit.
REENA RAGGI, Circuit Judge:
The Panama City-Bay County Airport and Industrial District (the "Sponsor"), a state-chartered entity that owns and operates Panama City-Bay County International Airport (the "Panama City Airport"), proposes to close the existing airport at Panama City, Florida, and to construct a new airport in western Bay County (the "West Bay Site"). Pursuant to the Airport and Airway Improvement Act (AAIA), 49 U.S.C. §§ 47101-47131, the Sponsor...
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