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CITY OF LOS ANGELES v. FEDERAL AVIATION ADMIN.

No. 21-71170.

63 F.4th 835 (2023)

CITY OF LOS ANGELES, CALIFORNIA, Petitioner, v. FEDERAL AVIATION ADMINISTRATION; Stephen M. Dickson, in his official capacity as Administrator; U.S. Department of Transportation; Pete Buttigieg, in his official capacity as Secretary, Respondents. Burbank-Glendale-Pasadena Airport Authority, Respondent-Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed March 29, 2023.

Attorney(s) appearing for the Case

Andrea K. Leisy (argued), Laura M. Harris , and Casey A. Shorrock , Remy Moose Manley LLP, Sacramento, California; David J. Michaelson , Attorney; Robert M. Mahlowitz , Deputy City Attorney, Michael N. Feuer , City Attorney; Office of the City Attorney, Los Angeles, California; for Petitioner.

Justin D. Heminger (argued), Senior Litigation Counsel; Anna T. Katselas , Attorney; Todd Kim , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Joseph Manalili and Catherine M. Basic , Attorneys; Office of the Chief Counsel, Federal Aviation Administration, Washington, D.C.; for Respondent.

Thomas A. Ryan (argued), McDermott Will & Emery LLP, Los Angeles, California; Jessica J. Thomas , McDermott Will & Emery LLP, San Francisco, California; Terence R. Boga , Ginetta L. Giovinco , and Chelsea O'Sullivan , Richards Watson & Gershon APC, Los Angeles, California; for Intervenor.

Dissent by Judge Bumatay.

OPINION

The passenger terminal at the Bob Hope "Hollywood Burbank" Airport is more than fifty years old and violates safety standards set by the Federal Aviation Administration (FAA). So the Burbank-Glendale-Pasadena Airport Authority, which owns and operates the Airport...

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