City Of Alameda v. Federal Aviation Administration

285 F.3d 1143 CITY OF ALAMEDA; Citizens League for Airport Safety and Serenity; Berkeley Keep Jets Over the Bay, an unincorporated association, Petitioners, v. FEDERAL AVIATION ADMINISTRATION; Port of Oakland; Commissioners, Port of Oakland, Respondents. No. 01-70169. United States Court of Appeals, Ninth Circuit. Filed April 4, 2002. Before: Chief Judge SCHROEDER, Judges B. FLETCHER and KOZINSKI, Circuit Judges. ORDER 1 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 . 1 2 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. 3 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…