Legal Opinion

Barnes v. United States Department of Transportation

Court of Appeals for the Ninth Circuit

Decided August 25, 2011No. 10-70718PublishedCited by 87 opinions

1Opinion of the Court

Opinion by Judge B. FLETCHER; Dissent by Judge IKUTA.

OPINION

B. FLETCHER, Circuit Judge:

Petitioners Michelle Barnes, Patrick Conry, and Blaine Ackley (collectively, “petitioners”) challenge an order of the Federal Aviation Administration (“FAA”) concerning the proposed construction by the Port of Portland (“the Port”) of a new runway at Hillsboro Airport (“HIO”). The FAA issued a Finding of No Significant Impact (“FONSI”), thus relieving the agency of preparing an Environmental Impact Statement (“EIS”). Petitioners argue that the decision not to prepare an EIS was unreasonable for several…

2Cases cited26 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  5. Massachusetts v. Environmental Protection AgencySupreme Court of the United States · 2007

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3Cited by87 opinions

  1. Washington Environmental Counc v. Theodore SturdevantCourt of Appeals for the Ninth Circuit · 2013
  2. Wyoming v. United States Department of AgricultureCourt of Appeals for the Tenth Circuit · 2011
  3. Center for Biological Diversity v. Ken SalazarCourt of Appeals for the Ninth Circuit · 2012
  4. In Defense of Animals v. U.S. Department of the InteriorCourt of Appeals for the Ninth Circuit · 2014
  5. League of Wilderness Defenders-Blue Mountains Biodiversity Project v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2012

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