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CITY OF PHOENIX ARIZONA v. HUERTA

No. 15-1158 Consolidated with 15-1247.

869 F.3d 963 (2017)

CITY OF PHOENIX, ARIZONA, Petitioner v. Michael P. HUERTA and Federal Aviation Administration, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 2017.

Attorney(s) appearing for the Case

John E. Putnam argued the cause for petitioner City of Phoenix, Arizona. With him on the briefs was Peter J. Kirsch , Denver, CO.

Matthew G. Adams , pro hac vice, argued the cause for petitioners Story Preservation Association, et al. With him on the briefs was Peter L. Gray , Washington, DC.

Lane N. McFadden , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was John C. Cruden , Assistant Attorney General at the time the brief was filed.

Dissenting opinion filed by Senior Circuit Judge Sentelle.

In September 2014, the Federal Aviation Administration changed longstanding flight routes in and out of Phoenix Sky Harbor International Airport. The city of Phoenix and a historic neighborhood association both petitioned for review, alleging that the FAA's action was arbitrary and capricious. We agree.

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