670 Fed.Appx. 50 (3rd Cir. 2016), 15-2393, BRRAM, Inc. v. United States Federal Aviation Administration

• Docket Nº: 15-2393
• Citation: 670 Fed.Appx. 50
• Opinion Judge: RENDELL, Circuit Judge
• Party Name: BRRAM, INC., a corporation organized under the laws of the Commonwealth of Pennsylvania; MS. HOLLY BUSSEY; MR. WILLIAM LYNCH; MR. RICHARD DELELLO; MS. JULIE POWER; MR. JOHN GIACOBETTI; MRS. JENNIFER GIACOBETTI; MS. DEBORAH LEAMANN; MS. CAROLINE BONDI; MS. DELORES BRIENZA; MR. RICHARD WAYNE, Appellants v. UNITED STATES FEDERAL AVIATION ADMINISTR...
• Attorney: For BUCKS RESIDENTS FOR RESPONSIBLE AIRPORT MANAGEMENT, a corporation organized under the laws of the Commonwealth of Pennsylvania, Plaintiff - Appellant: R. William Potter, Esq., Potter & Dickson, Princeton, NJ. For Federal Aviation Administration, Defendant - Appellee: J. Andrew Ruymann, Esq., ...
• Judge Panel: Before: MCKEE, Chief Judge[*], HARDIMAN, and RENDELL, Circuit Judges.
• Case Date: November 09, 2016
• Court: United States Courts of Appeals, Court of Appeals for the Third Circuit

Page 50

670 Fed.Appx. 50 (3rd Cir. 2016)

BRRAM, INC., a corporation organized under the laws of the Commonwealth of Pennsylvania; MS. HOLLY BUSSEY; MR. WILLIAM LYNCH; MR. RICHARD DELELLO; MS. JULIE POWER; MR. JOHN GIACOBETTI; MRS. JENNIFER GIACOBETTI; MS. DEBORAH LEAMANN; MS. CAROLINE BONDI; MS. DELORES BRIENZA; MR. RICHARD WAYNE, Appellants

v.

UNITED STATES FEDERAL AVIATION ADMINISTRATION (FAA); MERCER COUNTY BOARD OF CHOSEN FREEHOLDERS; FRONTIER AIRLINES, INC

No. 15-2393

United States Court of Appeals, Third Circuit

November 9, 2016

Submitted under Third Circuit LAR 34.1(a) September 22, 2016

NOT PRECEDENTIAL

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Appeal from the United States District Court for the District of New Jersey. (District Case No. 3-14-cv-02686). District Judge: Honorable Peter G. Sheridan.

For BUCKS RESIDENTS FOR RESPONSIBLE AIRPORT MANAGEMENT, a corporation organized under the laws of the Commonwealth of Pennsylvania, Plaintiff - Appellant: R. William Potter, Esq., Potter & Dickson, Princeton, NJ.

For Federal Aviation Administration, Defendant - Appellee: J. Andrew Ruymann, Esq., Office of United States Attorney, Trenton, NJ.

For Frontier Airlines Inc, Defendant - Non-Participating: John E. Flaherty, Esq., Ravin Patel, Esq., McCarter & English, Newark, NJ.

Before: MCKEE, Chief Judge^[*], HARDIMAN, and RENDELL, Circuit Judges.

Page 51

OPINION^[**]

RENDELL, Circuit Judge

In this appeal, BRRAM argues that the District Court erred by ruling that the FAA's September 25, 2012 order (which amended Frontier Airlines' Operation Specifications and authorized Frontier to provide commercial passenger service in and out of Trenton--Mercer Airport) was properly appealable only to the Court of Appeals, and not to the District Court. The District Court's dismissal of BRAMM's complaint is before us, as is the District Court's denial of BRRAM's motion to amend " to clarify that plaintiffs were not contesting the validity of the Ops Specs amendment itself, but the failure and refusal of the FAA to perform any environmental or safety analysis pursuant to NEPA of the effects of Frontier Airlines['] expansion of flights . . . ." Reply Br. at 14.

As the parties are familiar with the facts and the procedural posture...