United States DC Circuit

In petitions for review of the Department of Transportation's order approving certain of the methods used by a city to calculate the rental rates airlines pay for terminal space at an airport, the petitions are granted in part where the DOT was required to justify or abandon its disparate treatment of airfield and non-airfield space. However, they are denied in part where the rate increase did not discriminate against particular airlines.

Appellate Information

• Argued 12/11/2008
• Decided 08/07/2009
• Published 08/07/2009

Judges

• Before:  GINSBURG, GARLAND, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• M. Roy Goldberg argued the cause for petitioners Terminal 1 and 3 Airlines and the Air Transport Association of America, Inc. With him on the briefs were Robert W. Kneisley, Howard E. Kass, Robert P. Silverberg, Claire L. Shapiro, and David A. Berg., Steven S. Rosenthal argued the cause for petitioner the City of Los Angeles and intervenor Airports Counsel International-North America.   With him on the briefs were Jeffery A. Tomasevich, J.D. Taliaferro, and Scott P. Lewis.   Douglas A. Tucker entered an appearance., M. Roy Goldberg argued the cause for intervenor Terminal 1 and 3 Airlines.   With him on the brief were Robert W. Kneisley and Howard E. Kass., Steven S. Rosenthal argued the cause for intervenors the City of Los Angeles and Airports Counsel International-North America.   With him on the briefs were Jeffery A. Tomasevich, J.D. Taliaferro, and Scott P. Lewis.   Patricia A. Hahn entered an appearance.


• For Appellees:
  
• Mary F. Withum, Senior Trial Attorney, U.S. Department of Transportation, argued the cause for respondent.   With her on the brief were Robert B. Nicholson and Nickolai G. Levin, Attorneys, U.S. Department of Justice, Paul M. Geier, Assistant General Counsel, U.S. Department of Transportation, and Dale C. Andrews, Deputy Assistant General Counsel.