United States DC Circuit

Plaintiff's petition for review of an FAA order approving Chicago's passenger facility fee is granted where defendant did not find, as required by statute, that the passenger facility fee will generate only that revenue necessary to fund the Environmental Impact Statement.

Appellate Information

• Argued 03/12/2004
• Decided 07/27/2004
• Published 07/27/2004

Judges

• Before:  EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David J. Cynamon argued the cause for the petitioners.  Robert E. Cohn, J. E. Murdock III, Alexander Van der Bellen, and David C. Lashway were on brief., Michael Schneiderman argued the cause for the intervenor.  Thomas R. Devine and David T. Ralston, Jr. were on brief.  Mary C. Jester entered an appearance., Arthur P. Berg and Patricia A. Hahn were on the brief for amicus curiae, Airports Council International-North America.


• For Appellees:
  
• Ara B. Gershengorn, Attorney, United States Department of Justice, argued the cause for the respondent.  Peter D. Keisler, Assistant Attorney General, and Barbara C. Biddle, Assistant Director, United States Department of Justice, were on brief.  Jacob M. Lewis, Attorney, United States Department of Justice, entered an appearance.