TOWN OF MILTON v. FAA

No. 22-1521.

87 F.4th 91 (2023)

TOWN OF MILTON, MASSACHUSETTS, Petitioner, v. FEDERAL AVIATION ADMINISTRATION and Billy Nolen, Acting Administrator of the Federal Aviation Administration, Respondents.

United States Court of Appeals, First Circuit.

November 30, 2023.


Attorney(s) appearing for the Case

Karis L. North , with whom Murphy, Hesse, Toomey & Lehane, LLP was on brief, for petitioner.

Thomas J. Dougherty on brief for Congressman Stephen F. Lynch , State Senator Walter F. Timilty , and State Representative William J. Driscoll, Jr. , amici curiae.

David S. Frankel , Attorney, Appellate Section, Environment and Natural Resources Division, U.S. Department of Justice, with whom Todd Kim , Assistant Attorney General, Justin D. Heminger , Attorney, Appellate Section, Environment and Natural Resources Division, Scott E. Mitchell , Assistant Chief Counsel, Federal Aviation Administration, Laura Price , Acting Manager, Airports and Environmental Law, Office of the Chief Counsel, and Evan Baylor , Attorney Advisor, Airports and Environmental Law, Office of the Chief Counsel, were on brief, for respondent.

Cindy L. Christiansen, PhD and John Rowe, pro se, on brief for themselves as amici curiae.

Before Montecalvo, Selya, and Lynch, Circuit Judges.


The Federal Aviation Administration (FAA) initiated the process of shifting from ground-based navigation to satellite-based navigation at Boston's Logan International Airport (Logan). This shift, which was aimed at increasing the safety and efficiency of flight procedures, relegated certain approaches and departures at Logan...

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