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IN RE PUBLIC EMPLOYEES FOR ENVTL. RESPONSIBILITY

No. 19-1044.

957 F.3d 267 (2020)

IN RE: PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY and Hawaii Coalition Malama Pono, Petitioners.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 2020.

Attorney(s) appearing for the Case

Paula N. Dinerstein argued the cause and filed the briefs for petitioners.

Eric Grant , Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, Andrew C. Mergen and Ellen Durkee , Attorneys, and Catherine Basic , Attorney, Federal Aviation Administration.

Before: Henderson, Tatel, and Griffith, Circuit Judges.

This case arises out of the underwhelming —and ultimately unsuccessful—efforts of the Federal Aviation Authority (FAA) and National Park Service (NPS) to regulate commercial sightseeing flights over national parks. The Air Tour Management Act of 2000 directs the FAA and NPS to "make every effort" to establish...

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