Paskar v. United States Department of Transportation

ELR Citation: 43 ELR 20077
No(s). 10-4612 (2d Cir. Apr 9, 2013)

The Second Circuit dismissed a petition for review challenging an FAA letter endorsing a series of recommendations made by a panel of experts regarding the impact of a proposed marine trash-transfer facility on safe airport operations at New York's LaGuardia Airport. The expert panel found that New York City's plan to reopen a coastal garbage transfer facility in College Point, Queens, would be compatible with safe air operations as long as several recommendations are followed. The letter, however, does not constitute a final order reviewable by the court because it did not deny a right, impose an obligation, or have legal consequence. The petition challenging the letter was therefore dismissed for lack of jurisdiction.

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