Environmental Defense Fund, Inc. v. Department of Transportation

No. 76-1105^* (D.C. Cir. May 19, 1976)

In a brief per curiam order, the court of appeals rejects a number of legal challenges, based on NEPA and the Noise Control Act of 1972, to defendant's decision to allow the Concorde supersonic transport to conduct limited commercial flights to and from Dulles and Kennedy International Airports for a demonstration period of up to 16 months.

Counsel for the parties in these cases may be found at ELR 65325 (No. 76-1105); ELR 65342 (Nos. 76-1213,-1259,-1260,-1321).

Wright, McGowan & Robb, JJ.

[6 ELR 20581]

Per curiam:

ORDER

These causes came on to be heard on petitions for review of an order of the Secretary of Transportation, on a petition for review of an order of the Administrator of the Federal Aviation Administration, and on appeal from the United States District Court for the District of Columbia, and were argued by counsel.

The Secretary has decided, for the reasons stated in his opinion, "to permit British Airways and Air France to conduct limited scheduled commercial flights into the United States for a period not to exceed sixteen months under limitations and restrictions set forth [in that opinion]." The purpose of the trial period is to provide additional information to assist the Secretary in his evaluation of the "environmental, technological, and international considerations" which continued operation of Concordes into this country would involve.

This court is in agreement with the Secretary that in the circumstances of this case his order for such a trial period is within his authority and competence, and is not arbitrary or capricious or otherwise in violation of law.

On consideration of the foregoing, it is ORDERED by the court that the order of the Secretary is hereby affirmed.

It is FURTHER ORDERED by the court that the petition for review in No. 76-1321 is hereby dismissed.¹

It is FURTHER ORDERED by the court that the appeal in No. 76-1259 is dismissed for want of jurisdiction. See Rule 54(b), Fed. R. Civ. P.

* Together with New York v. Department of Transportation, No. 76-1213; Board of Supervisors of Fairfax County v. McLucas, No. 76-1259; Board of Supervisors of Fairfax County v. Coleman, No. 76-1260; Board of Supervisors of Fairfax County v. McLucas, No. 76-1321.

1. This action is without prejudice to consideration and disposition by the District Court of the mandamus action in Civil Action No. 76-0139.