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SOUTHEAST QUEENS CONCERNED NEIGHBORS v. F.A.A.

No. 99-4173.

229 F.3d 387 (2000)

SOUTHEAST QUEENS CONCERNED NEIGHBORS, INC. and the Committee for Better Transit, Inc. Petitioners, v. FEDERAL AVIATION ADMINISTRATION, U.S. Department of Transportation, and United States of America Respondents, Port Authority of New York and New Jersey, Intervenors.

United States Court of Appeals, Second Circuit, August Term, 2000.

Decided: October 12, 2000.

Attorney(s) appearing for the Case

Steven De Castro, Law Office of Steven De Castro, New York, N.Y. for Petitioner Southeast Queens Concerned Neighbors, Inc.

William K. Guild, New York, N.Y. for Petitioner The Committee for Better Transit, Inc. (on submission).

Irene M. Solet, Civil Division, U.S. Department of Justice, Washington D.C. (Jacob M. Lewis, Attorney, David W. Ogden, Acting Assistant Attorney General, Jonathan W. Cross, Office of the Chief Counsel, Federal Aviation Administration, on the brief) for Respondents Federal Aviation Administration, United States Department of Transportation, and United States of America..

Milton H. Pachter, New York, N.Y. (Arthur P. Berg, Carlene V. McIntyre, Anne M. Tannenbaum, on the brief) for Intervenors Port Authority of New York and New Jersey.

Stewart D. Aaron and Moon S. Kim, Dorsey & Whitney LLP, New York, N.Y. submitted a brief for Amici Curiae New York City Council Members Julia Harrison and Stephen DiBrienza.

Before: MESKILL, CALABRESI, KATZMANN, Circuit Judges

KATZMANN, Circuit Judge:

Petitioner Committee for Better Transit, Inc. ("CBT") petitions for review of a decision of the Federal Aviation Administration ("FAA"), which granted permission to the Port Authority of New York and New Jersey ("Port Authority") to collect fees from passengers at New York City area airports in order to build a Light Rail System ("LRS") connecting JFK Airport with several local transit stations. CBT contends that the FAA's decision should...

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