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CITY OF SANTA MONICA v. F.A.A.

No. 09-1233.

631 F.3d 550 (2011)

CITY OF SANTA MONICA, Petitioner v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 2011.

Attorney(s) appearing for the Case

W. Eric Pilsk argued the cause for petitioner. With him on the briefs were Thomas R. Devine and Ivan O. Campbell .

Dana Kaersvang , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Mark B. Stern and Alisa B. Klein , Attorneys, Paul M. Geier , Assistant General Counsel for Litigation, U.S. Department of Transportation, and Paul Samuel Smith , Senior Trial Attorney.

Kathleen A. Yodice , Frank J. Costello , and Jol A. Silversmith were on the brief for amici curiae Aircraft Owners and Pilots Association, et al., in support of respondent.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

The City of Santa Monica ("Petitioner") petitions this court for review of the Federal Aviation Administration's ("FAA's") final agency decision and order concluding that Petitioner's ordinance banning certain categories of aircraft from operating at the Santa Monica Municipal Airport ("SMO") violates Petitioner's contractual obligations to the federal government. Petitioner claims that it was arbitrary and capricious for the FAA to conclude...

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