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Dania Beach v. FAA, No. 09-1064

Petition for Review of FAA Decision

In Dania Beach v. FAA, No. 09-1064, a petition for review of the FAA's Record of Decision that with minor modifications approved a county's proposal to expand its airport, the court denied the petition where, given FAA Order 5050.4B's suggestion of a gap between the meanings of 49 U.S.C. section 303(c) and 49 U.S.C. section 47106(c)(1)(B), the FAA briefs' apparently consistent articulation of such a difference, and the evident differences in the two provisions' scope and purpose, the interpretation offered here by the FAA was within its discretion.

As the court wrote:  "Fort Lauderdale-Hollywood International Airport no longer has the capacity to meet existing demand without substantial delays. Congestion and delay, indeed, are projected to increase. The parties dispute what to do about it."

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