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Legal Opinion · Dissent

Friends of Gateway v. Slater

Court of Appeals for the Second Circuit

Decided July 9, 2001No. Docket No. 99-4081Published

1DissentCardamone, Circuit Judge

In their challenge to the March 29, 1999 order of the FAA authorizing the installation of a Radar Tower at Floyd Bennett Field that lies wholly within the Gateway National Recreation Area (Gateway), petitioners argue that installation of the Radar Tower is prohibited by § 460cc-2(e) of the Gateway National Recreation Area Act of 1972, Pub.L. No. 92-692, 86 Stat. 1308 (codified as amended at 16 U.S.C. §§ 460cc to 460ec-4) (Gateway Act). Because I agree with petitioners, I respectfully dissent from the majority’s contrary conclusion.

I Applicability of Section 460cc-2(e)

Petitioners’ challenge…

2Cases cited8 opinions

  1. Brown v. GardnerSupreme Court of the United States · 1994
  2. Simpson v. United StatesSupreme Court of the United States · 1978
  3. Atlantic Cleaners & Dyers, Inc. v. United StatesSupreme Court of the United States · 1932
  4. Ex Parte CollettSupreme Court of the United States · 1949
  5. Conroy v. AniskoffSupreme Court of the United States · 1993

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