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BARNES v. F.A.A.

No. 14-71180.

865 F.3d 1266 (2017)

Michelle BARNES, an individual; Patrick Conry, an individual; Blaine Ackley, an individual; David Barnes, an individual; James Lubischer, an individual; Oregon Aviation Watch, an Oregon non-profit organization, Petitioners, v. FEDERAL AVIATION ADMINISTRATION, Respondent; Port of Portland, Intervenor-Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 3, 2017.

Attorney(s) appearing for the Case

Sean Malone (argued), Eugene, Oregon, for Petitioners.

Robert Lundman (argued), Maggie B. Smith , and Andrew C. Mergen , Attorneys, Appellate Section; Sam Hirsch , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Patricia Deem , Office of Regional Counsel, NW Mountain Division, Federal Aviation Administration; Eric Elmore and Daphne Fuller , Office of the Chief Counsel, Federal Aviation Administration, Washington, D.C.; for Respondent.

Jason T. Morgan (argued) and Beth S. Ginsberg , Stoel Rives LLP, Seattle, Washington, for Intervenor-Respondent.

Before: Sidney R. Thomas, Chief Judge, and Richard R. Clifton and Jacqueline H. Nguyen, Circuit Judges.

OPINION

This case involves a new runway at Hillsboro Airport, a general aviation airport near Portland, Oregon. We previously considered a challenge to the original environmental assessment done for the new runway project in Barnes v. United States Department of Transportation, 655 F.3d 1124...

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