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ST. JOHN'S UNITED CHURCH OF CHRIST v. F.A.A.

No. 07-1362.

550 F.3d 1168 (2008)

ST. JOHN'S UNITED CHURCH OF CHRIST, et al., Petitioners v. FEDERAL AVIATION ADMINISTRATION and Robert A. Sturgell, Administrator, Federal Aviation Administration, Respondents City of Chicago, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2008.

Attorney(s) appearing for the Case

Joseph V. Karaganis argued the cause for petitioners. With him on the briefs were Robert E. Cohn, Christopher T. Handman, A. Bruce White, and John W. Kalich.

M. Alice Thurston, Attorney, U.S. Department of Justice, argued the cause for federal respondents. With her on the brief was Ellen Durkee, Attorney.

Benna Ruth Solomon argued the cause for intervenor. With her on the brief were Christopher M. Grunewald, Sean H. Donahue, David T. Goldberg, and Michael G. Schneiderman.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

This is the latest installment in an ongoing battle between the City of Chicago and the Federal Aviation Administration on the one hand, and various religious and secular communities bordering O'Hare International Airport on the other. In this case, petitioners challenge the FAA's September 4, 2007 Final Agency Decision, which authorizes Chicago to impose Passenger Facility Charges ("PFCs") on passengers using O'Hare, the revenue to...

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