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CITY OF DANIA BEACH v. F.A.A.

Nos. 09-1064, 09-1067.

628 F.3d 581 (2010)

CITY OF DANIA BEACH, a political subdivision of the State of Florida, et al., Petitioners v. FEDERAL AVIATION ADMINISTRATION, Respondent. Broward County, Florida, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2010.

Attorney(s) appearing for the Case

Neil McAliley argued the cause and filed the briefs for petitioners.

Robert P. Stockman , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Andrew C. Mergen and M. Alice Thurston , Attorneys. John C. Cruden , Assistant Attorney General, and Ellen J. Durkee , Attorney, entered appearances.

Michael G. Schneiderman argued the cause for intervenor. With him on the brief were Andrew J. Meyers and James D. Rowlee.

Opinion concurring in part, dissenting in part, and concurring in the judgment filed by Circuit Judge ROGERS.

WILLIAMS, Senior Circuit Judge:

Fort Lauderdale-Hollywood International Airport no longer has the capacity to meet existing demand without substantial delays. Congestion and delay, indeed, are projected to increase. The parties dispute what to do about it.

The airport now has three runways. Two are widely spaced and run parallel in the east/west direction on either side of the airport terminal—the 9,000-foot by 150-foot "main" runway and a shorter south...

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