CENTER FOR CMTY. ACTION v. FEDERAL AVIATION ADMIN.

No. 20-70272, No. 20-70464.

18 F.4th 592 (2021)

CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE; Sierra Club; Teamsters Local 1932; Shana Saters; Martha Romero, Petitioners, v. FEDERAL AVIATION ADMINISTRATION; Stephen M. Dickson, in his official capacity as Administrator of the Federal Aviation Administration, Respondents, Eastgate Bldg 1, LLC; San Bernardino International Airport Authority, Intervenors. State of California, by and through Rob Bonta, in his official capacity as Attorney General, Petitioner, v. Federal Aviation Administration; Stephen M. Dickson, in his official capacity as Administrator of the Federal Aviation Administration; San Bernardino International Airport Authority, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed November 18, 2021.


Attorney(s) appearing for the Case

Adrian Martinez (argued) and Yasmine Agelidis , Earthjustice, Los Angeles, California; Gregory Muren , Earthjustice, San Francisco, California; for Petitioners Center for Community Action and Environmental Justice, Sierra Club, Teamsters Local 1932, Shana Saters, and Martha Romero.

Yuting Yvonne Chi (argued), Deputy Attorney General; Christie Vosburg , Supervising Deputy Attorney General; Edward H. Ochoa , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Oakland, California; for Petitioner State of California.

Rebecca Jaffe (argued), Justin D. Heminger and John Emad Arbab , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jonathan D. Brightbill , Principal Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Joseph Manalili , Senior Attorney, Office of the Chief Counsel, Federal Aviation Administration, Washington, D.C.; for Respondents.

Michael J. Carroll (argued), Latham & Watkins LLP, Costa Mesa, California, for Intervenor Eastgate Bldg. 1 LLC.

Ronald J. Scholar (argued), Cole Huber LLP, Roseville, California, for Intervenor San Bernardino International Airport Authority.

Before: EUGENE E. SILER, JOHNNIE B. RAWLINSON, and PATRICK J. BUMATAY, Circuit Judges.


OPINION

Petitioners Center for Community Action and Environmental Justice, Sierra Club, Teamsters Local 1932, Shana Saters, and Martha Romero (collectively, CCA) and the State of California (collectively, Petitioners) ask us to review Respondent Federal Aviation Administration's (FAA) Record of Decision, which found...

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