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Court Rejects Environmental Challenge at DIA

On February 8, 2010, the U.S. Court of Appeals for the Tenth Circuit affirmed the District Court's refusal to enjoin full-plane deicing near passenger loading gates at Denver International Airport (DIA).  Plaintiffs sought injunctive relief under the Resource Conservation and Recovery Act of 1976; however, the District Count found—and the Court of Appeals affirmed—that plaintiff's had not established that full-plane deicing near DIA's Concourse B presents an imminent and substantial endangerment to health.  The City and County of Denver presented evidence that full-plane deicing near Concourse B had been suspended at that it had initiated measures to address contamination by aircraft deicing fluid.