PASKAR v. U.S. DEPT. OF TRANSP.

Docket No. 10-4612-ag.

714 F.3d 90 (2013)

Kenneth D. PASKAR and Friends of LaGuardia Airport, Inc., Petitioners, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Ray LaHood, Secretary of Transportation; Federal Aviation Administration; and J. Randolph Babbit, Administrator, Federal Aviation Administration, Respondents, City of New York, Intervenor Respondent.

United States Court of Appeals, Second Circuit.

Decided: April 9, 2013.

Corrected: April 10, 2013.

Corrected: April 12, 2013.

Corrected: April 22, 2013.


Attorney(s) appearing for the Case

Randy M. Mastro , J. Ross Wallin , Gibson, Dunn & Crutcher LLP, New York, New York; Steven M. Taber , Taber Law Group, Irvine, California, for Petitioners.

Robert S. Rivkin , General Counsel, Paul M. Geier , Assistant General Counsel, Joy Park , Trial Attorney, Department of Transportation; Daphne Fuller , Assistant Chief Counsel, Elizabeth Newman , Attorney Advisor, Federal Aviation Administration; Tony West , Assistant Attorney General, Michael Jay Singer , Abby C. Wright , Department of Justice, Washington, D.C., for Respondents.

Michael A. Cardozo ( Leonard Koerner , Christopher Gene King , Elizabeth S. Natrella , Amy McCamphill , on the brief), Corporation Counsel of the City of New York, New York, New York, for Intervenor Respondent.

Before: HALL and CHIN, Circuit Judges, and HELLERSTEIN, Senior District Judge.


HELLERSTEIN, Senior District Judge:

Petitioners seek review of a letter written by the Federal Aviation Administration ("FAA") to the City of New York ("City") on September 2, 2010 (the "Letter"). Petitioners contend the Letter is a "final order" subject to review by this Court. The Letter states that the FAA agrees with an expert panel's finding that the City's plan to reopen a coastal garbage transfer facility in College Point, Queens, would be compatible with safe...

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