CITY OF LAS VEGAS, NEV. v. F.A.A.

No. 07-70121.

570 F.3d 1109 (2009)

CITY OF LAS VEGAS, NEVADA, a political subdivision of the State of Nevada; Environmental Coalition, Inc., a Nevada corporation; Canyon Gate Homeowners Association, Inc., a Nevada corporation; Canyon Ridge Homeowners Association Inc., a Nevada Corporation; Sun City Summerlin Community Association, Inc., a Nevada corporation; Valerie E. Weber, Member, Nevada State Assembly, Clark County District 5; Robert W. Hall, an individual; Greg Toussaint, an individual; and Charles Jones, an individual, Petitioners, v. FEDERAL AVIATION ADMINISTRATION, United States Department of Transportation; Mary E. Peters, Secretary of Transportation; Marion C. Blakey, Administrator, Federal Aviation Administration; and William C. Withycombe, Regional Administrator, FAA Western Pacific Region, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2009.


Attorney(s) appearing for the Case

Bradford R. Jerbic, Esq., City Attorney, Las Vegas, NV, for petitioner City of Las Vegas.

Barbara E. Lichman, Esq.; Berne C. Hart, Esq.; Ricia R. Hager, Esq., Chevalier, Allen & Lichman, LLP, Costa Mesa, CA, for the petitioners.

Anne Christenson, Esq.; Joseph Manalili, Esq., Office of General Counsel, Federal Aviation Administration, Washington, DC, for the respondents.

Ronald J. Tenpas, Esq., Acting Assistant Attorney General, Andrew C. Mergen, Esq.; Ronald M. Spritzer, Esq., Environment & Natural Resources Division, Washington, DC, for the respondents.

Before: MARY M. SCHROEDER, D.W. NELSON and STEPHEN REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

In 2006, the Federal Aviation Administration (FAA) issued a Finding of No Significant Impact (FONSI)/Record of Decision (ROD) approving the modification of the departure route at Las Vegas McCarran International Airport that would direct a third of the eastbound flights departing west from one of the runways to complete a turn to the north of the airport instead of the south. The City of Las Vegas and other communities to the north of the...

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