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SAFEGUARDING THE HISTORIC HANSCOM AREA'S v. F.A.A.

No. 10-1972.

651 F.3d 202 (2011)

SAFEGUARDING THE HISTORIC HANSCOM AREA'S IRREPLACEABLE RESOURCES, INC., et al., Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent, Massachusetts Port Authority, Intervenor.

United States Court of Appeals, First Circuit.

Decided July 12, 2011.

Attorney(s) appearing for the Case

Matthew F. Pawa, with whom Law Offices of Matthew F. Pawa, P.C., Jonathan S. Klavens, and Klavens Law Group, P.C. were on brief, for petitioners.

Elizabeth S. Merritt,   Stephen F. Hinchman, and Law Offices of Stephen F. Hinchman, LLC on consolidated brief for National Trust for Historic Preservation; Representatives Markey, Tierney, and Tsongas; Boards of Selectmen of Towns of Bedford, Concord, Lexington, and Lincoln; Hanscom Area Towns Committee; National Parks Conservation Association; and Friends of Minute Man National Park, amici curiae.

Brian C. Toth, Attorney, Appellate Section, Environment & Natural Resources Division, U.S. Department of Justice, with whom Ignacia S. Moreno, Assistant Attorney General, John R. Donnelly, and Lisa A. Holden were on brief, for respondent.

Martin R. Healy, with whom Michael K. Murray, Goodwin Procter LLP, David S. Mackey, Chief Legal Counsel, and Ira M. Wallach, Associate Chief Legal Counsel, were on brief, for intervenor.

Before TORRUELLA, SELYA and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

The area around the venerable towns of Lexington and Concord is commonly regarded as the birthplace of the American Revolution. The communities in that area, now fashionable Boston suburbs, are deservedly proud of both their storied history and their aesthetic advantages. When an affiliated arm of the state government — the Massachusetts Port Authority (Massport) — sought to modernize a mixed-use airport in the vicinity, a phalanx...

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