United States DC Circuit

An FAA regulation, establishing fees for air traffic control services for "overflights" across parts of the U.S., was issued "not in accordance with law" under 5 U.S.C. section 706(2)(A).

Appellate Information

• Argued 02/21/2003
• Decided 04/08/2003
• Published 04/08/2003

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• M. Roy Goldberg argued the cause for petitioners.   With him on the briefs were Don H. Hainbach, Paul V. Mifsud, Frederick S. Hird, Jr., Shelia C. Cheston, Neil J. King, Frederick Robinson, Moffett B. Roller, and Michael F. Goldman.


• For Appellees:
  
• Robert D. Kamenshine, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief were Kirk K. Van Tine, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, Dale C. Andrews, Deputy Assistant General Counsel, David G. Leitch, Chief Counsel, Federal Aviation Administration, and Robert S. Greenspan, Attorney, U.S. Department of Justice.