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CITY OF MUKILTEO v. U.S. DEPT. OF TRANP.

No. 13-70385.

815 F.3d 632 (2016)

CITY OF MUKILTEO, Washington, a non-charter code city; City of Edmonds, Washington, a non-charter code city; Save our Communities, a tax exempt organization; Michael Moore, an individual; Victor M. Coupez, an individual, Petitioners, v. U.S. DEPARTMENT OF TRANSPORTATION; Anthony Foxx, Secretary of Transportation; Federal Aviation Administration; Michael P. Huerta, Acting Administrator, FAA; David Suomi, Regional Administrator, FAA Northwest Mountain Region, Respondents.

United States Court of Appeals, Ninth Circuit.

Submitted October 9, 2015.

Filed March 4, 2016.

Attorney(s) appearing for the Case

Barbara E. Lichman (argued), Buchalter Nemer , Irvine, CA, for Petitioners.

Lane N. McFadden (argued), Attorney, Environment & Natural Resources Division; Robert G. Dreher , Acting Assistant Attorney General, United States Department of Justice, Washington, D.C.; Patricia A. Deem , Office of Regional Counsel, NW Mountain Region, Federal Aviation Administration, Seattle, WA, for Respondents.

Before: DIARMUID F. O'SCANNLAIN, MARSHA S. BERZON, and RICHARD C. TALLMAN, Circuit Judges.

OPINION

Paine Field, located in Snohomish County, Washington, near the city of Everett, was originally constructed in 1936 when it was envisioned to become a major airport serving the communities located north of Seattle. Over the years, it has been used for military purposes (both during and after World War II...

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