No. 07-1142.United States Court of Appeals, District of Columbia Circuit.
Filed On: September 26, 2007.
Consolidated with 07-1209, 07-1223, 07-1273, 07-1276.
BEFORE: Ginsburg, Chief Judge, and Griffith and Kavanaugh, Circuit Judges.
Per Curiam.
ORDER
Upon consideration of the motion to dismiss No. 07-1142, the response thereto, and the reply, it is.
ORDERED that the motion to dismiss be granted. As petitioners concede, the petition for review in No. 07-1142 is premature. See InternationalTelecard Ass’n v. FCC, 166 F.3d 387, 388 (D.C. Cir. 1999) (ongoing agency review renders an order non-final for purposes of judicial review, and a petition for review of the order is incurably premature). Now that respondent has issued its final decision and petitioners have filed petitions for review from the final agency action, they can address the issues in the final order, as well as those in the prior order. SeeTennessee Gas Pipeline Co. v. FERC, 9 F.3d 980, 981 (D.C. Cir. 1993) (per curiam).
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Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate in No. 07-1142 until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.
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On consideration of the motion(s) for leave to intervene filed by the following parties:
Korean Air Lines Co., Ltd.
All Nippon Airways Co., Ltd.
British Airways PLC
Cathay Pacific Airways, Ltd.
EVA Airways Corporation
Philippine Airlines, Inc.
Singapore Airlines Ltd.
China Airlines Ltd.
Compania Mexicana de Aviation, S.A. de C.V.
Deutsche Lufthansa A.G.
Swiss International Airlines Ltd
Aer Lingus Group plc
Air Pacific
Air Tahiti Nui
Asiana Airlines, Inc.
China Eastern Airlines
El A1 Israel Airlines Ltd.
Japan Airlines International Co., Ltd.
LAN Airlines S.A.
Lan Peru, S.A.
QANTAS Airways Limited
Thai Airways International Public Co., Ltd.
It is ORDERED that the aforesaid rnotion(s) is/are granted.
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Circuit Rule 28(e) governs the filing of briefs by intervenors. A
schedule for the filing of briefs will be established by a future order. That order will automatically provide briefing time only for intervenor(s) on the side of respondent. Any intervenor(s) on the side of petitioner(s) must so notify the Court, in writing, within ten days from the date of this order. Such notification must include a statement of issues to be raised by the intervenor. This notification will allow tailoring of the briefing schedule to provide time for a brief as intervenor on the side of petitioner(s). Failure to submit notification could result in such an intervenor being denied leave to file a brief.
Intervenors are reminded that they must file a joint brief OL certify to the Court why a separate brief is necessary. Intervenors attention is particularly directed to that portion of the rule describing “unacceptable” grounds for filing separate briefs. See also, D.C. Cir.Handbook at 46 (1987). Failure to comply with this rule could result in the imposition of sanctions. See D.C. Cir. Rule 38.
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