799 F.2d 535 (9th Cir. 1986), 85-6501, Orange County v. Air California

Docket Nº:85-6501.
Citation:799 F.2d 535
Party Name:COUNTY OF ORANGE, Plaintiff-Appellee, v. AIR CALIFORNIA; American Airlines; America West Airlines; Continental Airlines, Inc.; Frontier Airlines, Inc.; Jet America; Pacific Southwest Airlines; Republic Airlines, Inc.; Western Airlines, Inc.; Alaska Airlines, Inc.; Muse Air Corporation; Trans World Airlines, Inc.; United Airlines, Inc.; Federal Avia
Case Date:September 09, 1986
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 535

799 F.2d 535 (9th Cir. 1986)

COUNTY OF ORANGE, Plaintiff-Appellee,

v.

AIR CALIFORNIA; American Airlines; America West Airlines;

Continental Airlines, Inc.; Frontier Airlines, Inc.; Jet

America; Pacific Southwest Airlines; Republic Airlines,

Inc.; Western Airlines, Inc.; Alaska Airlines, Inc.; Muse

Air Corporation; Trans World Airlines, Inc.; United

Airlines, Inc.; Federal Aviation Administration;

McDonnell-Douglas Corporation; City of Newport Beach; Stop

Polluting our Newport Corporation; Airport Working Group of

Orange County, Inc., Defendants-Appellees.

City of Irvine, Applicant for Intervention-Appellant.

No. 85-6501.

United States Court of Appeals, Ninth Circuit

September 9, 1986

Argued July 8, 1986.

Submitted July 29, 1986.

Page 536

Michael Scott Gatzke, Gatzke, Lodge & Mispagel, Carlsbad, Cal., Josephine E. Powe, Los Angeles, Cal., E. Clement Shute, Jr., San Francisco, Cal., for plaintiff-appellee.

John E. McDermott, Memel, Jacobs, Pierno, Gersh & Ellsworth, Los Angeles, Cal., for defendants-appellees.

Appeal from the United States District Court for the Central District of California.

Before: ANDERSON, POOLE, and THOMPSON, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

The City of Irvine (Irvine) appeals from a district court order denying a motion to intervene as a matter of right, Fed.R.Civ.P. 24(a)(2), and denying a motion to intervene permissively, Fed.R.Civ.P. 24(b)(2). We affirm.

I. FACTS

On February 26, 1985, the County of Orange (Orange County) approved and adopted a plan (the Airport Project Plan) for the future development of commercial airline activity at John Wayne Airport (JWA). Prior to adoption of the Airport Project Plan, and pursuant to the requirements of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), a study was prepared by Orange County and the Federal Aviation Administration concerning the proposed environmental effects of the Airport Project Plan (this study is hereinafter referred to as EIR 508/EIS). Orange County certified that EIR 508/EIS was legally adequate under CEQA.

Due to the fact that there was interrelated litigation pending before both state and federal courts challenging the Airport Project Plan and the adequacy of EIR 508/EIS, Orange County filed an action seeking a declaratory judgment as to the lawfulness and adequacy of the Airport Project Plan and EIR 508/EIS and requesting the court to enjoin the City of Newport Beach and others from litigating the CEQA

Page 537

issues in state court. Orange County named as defendants 13 airlines, an aircraft manufacturer, the City of Newport Beach (Newport) located adjacent to JWA, and several citizens' groups generally opposed to any increase in operations at JWA.

The district court granted a temporary restraining order and subsequently issued a preliminary injunction preventing Newport and the citizens' groups from filing new CEQA actions in state court. Consequently, those...

To continue reading

FREE SIGN UP