Citizens Against Burlington, Inc. v. Busey

by the United States Court of Appeals for the District of Columbia Circuit

938 F.2d 190

Citizens Against Burlington, Inc., et al., Petitioners

v.

James B. Busey IV, Administrator, Federal Aviation Administration, Respondent, Toledo-Lucas County Port Authority and Burlington Air Express, Inc., Intervenors

No. 90-1373

United States Court of Appeals,
District of Columbia Circuit.

November 1, 1990, Argued
June 14, 1991, Decided

Petition for Review of an Order of the Federal Aviation Administration.

Bruce J. Terris, with whom James M. Hecker was on the brief, for Petitioners.

David C. Shilton, Attorney, Department of Justice, for Respondent. With him on the brief were Barry M. Hartman, Acting Assistant Attorney General, Peter R. Steenland, Attorney, Department of Justice, and Gregory S. Walden, Chief Counsel, Federal Aviation Administration.

Jim J. Marquez, with whom Teresa L. Grigsby, for Toledo-Lucas County Port Authority, and John W. Simpson, for Burlington Air Express, Inc., were on the joint brief, for Intervenors. Stephen H. Lachter also entered an appearance for Intervenors.

Buckley, Williams, and Clarence Thomas, Circuit Judges. Opinion for the Court filed by Circuit Judge Clarence Thomas. Opinion dissenting in part filed by Circuit Judge Buckley.