City of Alameda v. Federal Aviation Administration

ORDER

We conclude that we lack appellate jurisdiction under 49 U.S.C. § 46110 (a). We direct that,the appeal be removed from the argument calendar and that it be transferred to the United States District Court for the Northern District of California, pursuant to 28 U.S.C. § 1631 .

We grant the Airports Council International-North America’s motion for leave to file as amicus a response to our March 18, 2002 order. The brief submitted is ordered filed.

Petitioners appeal directly from the Federal Aviation Administration’s (“FAA’s”) “Finding of No Significant Impact and Record of Decision,” (“ROD”) issued December 21, 2000, containing a number of orders authorizing the proposed airport development plan to proceed. The ROD constituted a final decision of the Federal Aviation Administration. Both petitioners and respondents contend that the FAA’s final decision is subject to direct review by the Court of Appeals pursuant to 49 U.S.C. § 46110 (a). We disagree.

In the recently decided case, City of Los Angeles v. F.A.A., 239 F.3d 1033 , 1034 (9th Cir.2001), petitioners, City of Los Angeles et al., challenged a “Final Policy ... issued by the [FAA].” The court stated that “[t]he…