BARNES v. U.S. DEPT. OF TRANSP.

No. 10-70718.

655 F.3d 1124 (2011)

Michelle BARNES, an individual; Patrick Conry, an individual; Blaine Ackley, Petitioners, Port of Portland, Intervenor, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Ray Lahood, Secretary of Transportation; Federal Aviation Administration; J. Randolph Babbitt, Administrator, Federal Aviation Administration; Donna Taylor, Regional Administrator, Federal Aviation Administration, Northwest-Mountain Region; Carol Suomi, District Manager, Federal Aviation Administration Seattle Airports District; Cayla Morgan, Environmental Specialist, Federal Aviation Administration Seattle Airports District, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2011.


Attorney(s) appearing for the Case

Sean T. Malone and Andrew J. Orahoske , for the petitioners.

Ignacia S. Moreno , Assistant Attorney General; Hans Bjornson and Patricia A. Deem , the Federal Aviation Administration; David C. Shilton and Michael T. Gray , United States Department of Justice, Environment and Natural Resources Division, for the respondents.

Beth S. Ginsberg , Rita V. Latsinova , and Jason T. Morgan , Stoel Rives LLP, for the intervenor.

Opinion by Judge B. FLETCHER; Dissent by Judge IKUTA.


OPINION

B. FLETCHER, Circuit Judge:

Petitioners Michelle Barnes, Patrick Conry, and Blaine Ackley (collectively, "petitioners") challenge an order of the Federal Aviation Administration ("FAA") concerning the proposed construction by the Port of Portland ("the Port") of a new runway at Hillsboro Airport ("HIO"). The FAA issued a Finding of No Significant Impact ("FONSI"), thus relieving the agency of preparing an Environmental Impact Statement ("EIS"). Petitioners...

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