United States DC Circuit

In an airline's petition to recover overcharges for its portion of TSA's security costs, TSA's order is affirmed in part and remanded in part, where the amount charged to the airline exceeded the "overall limit" set by 49 U.S.C. section 44940(a)(2)(B)(i).

Appellate Information

• Argued 11/06/2008
• Decided 02/03/2009
• Published 02/03/2009

Judges

• Before GARLAND and BROWN, 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 joint briefs were Robert W. Kneisley, Carl B. Nelson Jr., Bruce H. Rabinovitz, Neil J. King, Jonathan B. Hill, David J.A. Hayes III, Robert E. Cohn, Patrick F. Philbin, Gregory L. Skidmore, Charles F. Donley, Edward W. Sauer, Lorraine B. Halloway, Charles C. Lemley, Thomas M. Messner, Lester M. Bridgeman, Richard D. Mathias, and David Endersbee.  Michael D. Shumsky entered an appearance., Jay P. Lefkowitz, Patrick F. Philbin, and Gregory L. Skidmore were on the briefs for petitioner Northwest Airlines., Carl B. Nelson Jr. was on the briefs for petitioner American Airlines, Inc., Charles C. Lemley and Thomas M. Messner were on the briefs for petitioner Spirit Airlines, Inc., David A. Berg, Michael S. Sundermyer, and Richard A. Olderman were on the brief for amicus curiae Air Transport Association of America in support of petitioners and seeking reversal.


• For Appellees:
  
• Jeffrey Clair, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Scott R. McIntosh, Attorney.