Legal Opinion

Town of Marshfield v. Federal Aviation Administration

Court of Appeals for the First Circuit

Decided December 18, 2008No. 07-2820PublishedCited by 33 opinions

1Opinion of the Court

BOUDIN, Circuit Judge.

The Federal Aviation Administration (“FAA”) has authority to prescribe aircraft approach and departure patterns in order to minimize noise and ensure safety. See 49 U.S.C. §§ 44502, 44505 (1994). In 2002, the agency approved a change in the runway layout of Logan Airport in Boston to include a new runway and, at the same time, began a study of improved noise abatement measures. The outcome was the “Boston Overflight Noise Study” (“BONS”), conducted with advice and participation by various organizations.

The participants in BONS included not only the FAA but also Massport,…

2Cases cited6 opinions

  1. Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
  2. Byrd v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1999
  3. Hughes River Watershed Conservancy v. JohnsonCourt of Appeals for the Fourth Circuit · 1999
  4. Save Our Heritage, Inc. v. Federal Aviation AdministrationCourt of Appeals for the First Circuit · 2001
  5. City of Oxford v. Federal Aviation AdministrationCourt of Appeals for the Eleventh Circuit · 2005

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3Cited by33 opinions

  1. Hillsdale Environmental Loss Prevention, Inc. v. United States Army Corps of EngineersCourt of Appeals for the Tenth Circuit · 2012
  2. Milton, MA v. FAACourt of Appeals for the First Circuit · 2023
  3. Safeguarding Historic Hanscom Area's Irreplaceable Resources, Inc. v. Federal Aviation AdministrationCourt of Appeals for the First Circuit · 2011
  4. Habitat Education Center v. U.S. Forest ServiceCourt of Appeals for the Seventh Circuit · 2010
  5. Sierra Club v. US Dept of the Army Corps of EngineersCourt of Appeals for the First Circuit · 2021

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