Legal Opinion

Tinicum Township v. United States Department of Transportation

Court of Appeals for the Third Circuit

Decided July 6, 2012No. 11-1472PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal of the Federal Aviation Administration’s approval of a significant expansion of Philadelphia International Airport. Disputing the FAA’s air quality analysis, Petitioners 1 (collectively Tinicum) allege violations of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq., and the consistency provision of the Airport and Airway Improvement Act, 49 U.S.C. § 47106(a)(1). Because we find the Federal Aviation Administration’s decision was not “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance…

2Cases cited17 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  5. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983

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3Cited by16 opinions

  1. California ex rel. Imperial County Air Pollution Control District v. U.S. Department of the InteriorCourt of Appeals for the Ninth Circuit · 2014
  2. Twp. of Bordentown v. Fed. Energy Regulatory Comm'nCourt of Appeals for the Third Circuit · 2018
  3. Dine Citizens Against Ruining Our Environment v. HaalandCourt of Appeals for the Tenth Circuit · 2023
  4. Coalition for the Advancement of Regional Transportation v. Federal Highway AdministrationCourt of Appeals for the Sixth Circuit · 2014
  5. SIH Partners LLLP Explorer Par v. Commissioner of Internal RevenCourt of Appeals for the Third Circuit · 2019

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