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AIR TRANSPORT ASS'N OF AMERICA v. F.A.A.

No. 98-1109.

169 F.3d 1 (1999)

AIR TRANSPORT ASSOCIATION OF AMERICA, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, United States Department of Transportation, and United States of America, Respondents. Port Authority of New York and New Jersey, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 1999.

Attorney(s) appearing for the Case

Campbell Killefer argued the cause for petitioner. With him on the briefs were Robert E. Cohn and David Berg.

Jacob M. Lewis, Attorney, United States Department of Justice, argued the cause for respondents. With him on the brief were Frank W. Hunger, Assistant Attorney General, Barbara C. Biddle, and Howard S. Scher, Attorneys.

Arthur P. Berg argued the cause for intervenor. With him on the brief was Carlene V. McIntyre.

Scott P. Lewis, Kenneth W. Salinger, Thomas R. Devine, and Patricia A. Hahn were on the brief for amicus curiae Airports Council International-North America.

Before: SILBERMAN, SENTELLE, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioner, an association of air carriers, challenges the Federal Aviation Administration's partial approval of the Port Authority of New York and New Jersey's application to collect a passenger fee and to use the resulting revenue to construct a light rail system providing ground access to John F. Kennedy International Airport. We believe...

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