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

51 F.4th 322 (2022)

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 October 11, 2022.

Attorney(s) appearing for the Case

Adriano Martinez (argued) and Yasmine Agelidis , Earthjustice, Los Angeles, California; Gregory Muren , Earthjustice, San Francisco, California; for Petitioners Center for Community Action & Environmental Justice.

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

Rebecca Jaffe (argued), Justin D. Heminger , John E. Arbab , and Katelin Shugart-Schmidt , Attorneys; Eric Grant , Deputy Assistant Attorney General; Johnathan 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; Ronald J. Scholar , Cole Huber LLP, Roseville, California; for Intervenors.

Alison M. Hahm , Communities for a Better Environment, Los Angeles, California, for Amici Curiae Communities for a Better Environment and People's Collective for Environmental Justice.

Before: SILER, RAWLINSON, and BUMATAY, Circuit Judges.


The opinion filed on November 18, 2021, is amended as follows:

• On Slip Opinion page 10, line 10, replace "FAA approval of it" with "the FAA's approval". • On Slip Opinion page 10, line 14, replace "FAA review" with "the FAA's review." • On Slip Opinion page 10, line 23, replace "Here," with "After reviewing the Project's potential environmental impacts,". • On Slip Opinion page 11, lines...

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