United States DC Circuit

In a petition for review of amendments to the Department of Transportation's (DOT) 1996 Policy Regarding Airport Rates and Charges allowing an airport to charge aircraft higher landing fees at peak times, a practice known as congestion pricing, the petition is denied where: 1) the court deferred to the DOT's reasonable interpretation of the statutory prohibition of unjust discrimination; 2) setting landing fees that complied with all applicable statutes and regulations was within the scope of an airport authority's power as proprietor; and 3) because the amendments left only two variables to the discretion of the airport proprietor, and thus set out a nearly complete pricing algorithm, the DOT provided sufficient guidance.

Appellate Information

• Argued 10/15/2009
• Decided 07/13/2010
• Published 07/13/2010

Judges

• Douglas C. Ginsburg

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert S. Span, Peter R. Maier