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TINICUM TP., PA. v. U.S. DEPT. OF TRANSP.

No. 11-1472.

685 F.3d 288 (2012)

TINICUM TOWNSHIP, PENNSYLVANIA, an incorporated first class township; County of Delaware, Pennsylvania, a political subdivision of the Commonwealth of Pennsylvania; Thomas J. Giancristoforo, individually and in his capacity as President of the Tinicum Township Board of Commissioners; David McCann, an individual, Petitioners v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Secretary of Transportation; Federal Aviation Administration; Administrator, Federal Aviation Administration; Carmine Gallo, Regional Administrator, FAA Eastern Region, Respondents City of Philadelphia, Intervenor-Respondent.

United States Court of Appeals, Third Circuit.

Filed: July 6, 2012.

Attorney(s) appearing for the Case

Barbara E. Lichman (Argued), Buchalter Nemer , Irvine, CA, Sam S. Auslander , Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, Media, PA, for Petitioners.

Lane N. McFadden (Argued), Mary G. Sprague , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Respondents.

W. Eric Pilsk (Argued), Kaplan, Kirsch & Rockwell, Washington, D.C., Scott J. Schwarz , City of Philadelphia, Law Department, Philadelphia, PA, Catherine M. Van Heuven , Kaplan, Kirsch & Rockwell, Denver, CO, for Intervenor-Respondent.

Before: SCIRICA, AMBRO and JORDAN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal of the Federal Aviation Administration's approval of a significant expansion of Philadelphia International Airport. Disputing the FAA's air quality analysis, Petitioners1 (collectively Tinicum) allege violations of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq., and the consistency...

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