[Download] "Virginians for Dulles v. Volpe" by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Virginians for Dulles v. Volpe
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 02, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

BUTZNER, Circuit Judge: Virginians For Dulles (VFD) appeals the dismissal of a suit which it, along with other citizens' groups and several individuals, brought against the Secretary of Transportation, the Administrator of the Federal Aviation Administration, the Director of Airport Services, and eleven major airlines to abate noise and air pollution from jet planes at Washington National Airport. The complaint charged that National was a nuisance because noise and emissions unreasonably interfered with plaintiffs' enjoyment of their property and deprived them of rights protected by the fifth and ninth amendments. The plaintiffs also alleged that the FAA violated the National Environmental Policy Act by failing to file environmental impact statements concerning its operation of National and Dulles International Airport and that the FAA acted arbitrarily and capriciously in violation of the Administrative Procedure Act. After an extensive evidentiary hearing, the district court denied relief on all grounds. Virginians For Dulles v. Volpe, 344 F. Supp. 573 (E.D. Va. 1972). Only VFD has appealed. The airlines have moved to dismiss the appeal, asserting that the cause of action belongs solely to the individual plaintiffs, not to VFD. We grant the motion to dismiss in part, and we affirm the order of the district judge on all grounds except the need for an impact statement. On that issue we reverse and remand the case for further proceedings.

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