United States DC Circuit

In a petition for review of the Transportation Security Administration's (TSA) imposition of passenger security fees on airlines, the petition is denied where: 1) petitioner's technical objection to the TSA's use of nonrandom judgmental sampling in auditing airlines is unfounded; and 2) the auditors' sampling methodology drew broadly from flights in every year during the audited period and the sampling was designed to select a fairly representative sample of the audited population.

Appellate Information

• Argued 10/20/2009
• Decided 12/11/2009
• Published 12/11/2009

Judges

• Before:  SENTELLE, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• M. Roy Goldberg argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• Jeffrey Clair, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the briefs was Scott R. McIntosh, Attorney.