SCENIC AMERICA, INC. v. U.S. DEPT. OF TRANSP

No. 14-5195.

836 F.3d 42 (2016)

SCENIC AMERICA, INC., Appellant, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided September 6, 2016.


Attorney(s) appearing for the Case

Daniel H. Lutz , Orrville, OH, argued the cause for appellant. With him on the briefs was Hope M. Babcock . Thomas M. Gremillion entered an appearance.

William D. Brinton , Jacksonville, FL, was on the brief for amici curiae The American Planning Association, et al. in support of petitioner.

Jeffrey E. Sandberg , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney at the time the brief was filed, and Mark R. Freeman , Attorney.

Kannon K. Shanmugam argued the cause for intervenor-appellee Outdoor Advertising Association of America, Inc. With him on the brief was Allison B. Jones , Washington, DC.

Before: PILLARD and WILKINS, Circuit Judges, and GINSBURG, Senior Circuit Judge.


The Highway Beautification Act ("HBA"), 23 U.S.C. § 131, requires the Federal Highway Administration ("FHWA") and each state to develop and implement individual federal-state agreements ("FSAs"), detailing, among other things, "size, lighting and spacing" standards for the billboards now found towering over many of our...

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