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TRENTON THREATENED SKIES v. FED. AVIATION ADMIN.

No. 22-1965.

90 F.4th 122 (2024)

TRENTON THREATENED SKIES, INC; Borough of Yardley, Pennsylvania; Township of Lower Makefield, Pennsylvania; Brandon Farms Property Owners Association Inc; Julie Sill Yoga; Debra Baseman; Craig Deardorff; Eleanor Deardorff; Lisa Fischetti; Tanice Fitzpatrick; Pamela Jensen; Joyce Johnson; Laura Lanning; Robert Lanning; Debra Jean Mercer; Taher Mohamad-Ali; Vrunda Patel; Elizabeth Peck; Elwood Phares; Hadley Phares; Jacqueline Phares; Melissa Phares, Alexandra Powers; Richard Preston; Kathryn Hughes Redmond; Jumana Soudah; Derek Straut; Grant Ward; Leslie Ward; Richard Wayne; Cynthia Weinstein; Richard Westhouse, Petitioners v. FEDERAL AVIATION ADMINISTRATION; Billy Nolen, in his official capacity as Acting Administrator, Federal Aviation Administration; United States Department of Transportation; Pete Buttigieg, in his official capacity as Secretary.

United States Court of Appeals, Third Circuit.

Filed: January 4, 2024.

Attorney(s) appearing for the Case

Steven M. Taber [ARGUED], Leech Tishman Fuscaldo & Lampl, 200 S Robles Avenue, Suite 300, Pasadena, CA 91101, Counsel for Petitioners.

Justin Heminger , United States Department of Justice, Environment & Natural Resources Division, 950 Pennsylvania Avenue NW, Washington, DC 20530, Rebecca Jaffe [ARGUED], United States Department of Justice, Environment & Natural Resources Division, P.O. Box 7611, Ben Franklin Station, Washington, DC 20044, Counsel for Respondents.

Peter J. Kirsch , W. Eric Pilsk [ARGUED], Kaplan Kirsch & Rockwell, 1634 I Street, NW, Suite 300, Washington, DC 20006, Counsel for Intervenor Respondent.

Before: RESTREPO, SCIRICA, and SMITH, Circuit Judges.

OPINION OF THE COURT

I. INTRODUCTION

Municipal, individual, and organizational Petitioners filed a petition to review the Federal Aviation Administration's ("FAA's") March 21, 2022 "Finding of No Significant Impact and Record of Decision — Trenton-Mercer...

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