NEW ENGLAND LEGAL FOUNDATION, et al., Plaintiffs, Appellants,
v.
MASSACHUSETTS PORT AUTHORITY, Defendant, Appellee.
NATIONAL BUSINESS AIRCRAFT ASSOCIATION, INC., et al., Plaintiffs, Appellants,
v.
MASSACHUSETTS PORT AUTHORITY, Defendant, Appellee.
AIRCRAFT OWNERS AND PILOTS ASSOCIATION, Plaintiff, Appellant,
v.
MASSACHUSETTS PORT AUTHORITY, Defendant, Appellee.
MASSACHUSETTS PORT AUTHORITY, Petitioner,
v.
UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent.
State of Maine, The Air Freight Association, Regional Air Carrier Parties, The Aircraft Owners and Pilots Association, General Aviation Manufacturers Association, and National Business Aircraft Association, Intervenors.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard May 4, 1989.
Decided August 17, 1989.
Attorney(s) appearing for the Case
John S. Fredericksen, Regional Airline Ass'n, Calvin Davison, Lorraine B. Halloway, and Crowell & Moring, on brief, Washington, D.C., for Regional Air Carrier Parties, intervenor.
Richard B. Michaud, Bernkopf, Goodman & Baseman, Boston, Mass., Stephen A. Alterman, and Meyers & Alterman, on brief, Washington, D.C., for Air Freight Association, intervenor.
John C. Hunt, on brief, for intervenor, State of Maine, Maine Dept. of Transp.
Frank W. Gibson, on brief, Cummaquid, Mass., for NEED Logan, amicus curiae.
Crocker Snow, on brief, for Aero Club of New England, amicus curiae.
W.N. DeWitt, Carolyn O'Connor, Boston, Mass., on brief, for The New England Council, Inc., amicus curiae.
Scott P. Lewis, Michael T. Gass, Palmer & Dodge, on brief, for Airport Operators Council Int'l, amicus curiae.
George Marshall Moriarty, Roscoe Trimmer, Jr., Richard J. Lettieri, Ropes & Gray, Charles E. Dewitt, Jr., Ira M. Wallach, Massachusetts Port Authority, Boston, Mass.
Diane R. Liff, Asst. Gen. Counsel for Litigation, Robert D. Young, Barry L. Molar, Attys., Dept. of Transp., Washington, D.C.
David C. Shilton, Peter R. Steenland, Jr., Appellate Section, Dept. of Justice, Land and Natural Resources Div., Washington, D.C.
Judith Richards Hope, Joseph E. Schmitz, Scott M. Flicker, Paul, Hastings, Janofsky & Walker, and Stanley J. Green, on brief, Washington, D.C., for intervenor, General Aviation Mfrs. Ass'n.
Raymond J. Rasenberger, Washington, D.C., for intervenor, National Business Aircraft Ass'n.
John S. Yodice, Donald L. Hardison, Washington, D.C., Kirk Y. Griffin, Boston, Mass., for Aircraft Owners and Pilots Ass'n.
Wayne S. Henderson, New England Legal Foundation, Boston, Mass., for New England Legal Foundation.
Before BOWNES and TORRUELLA, Circuit Judges, and RE, Judge.
United States Court of Appeals, First Circuit.
TORRUELLA, Circuit Judge.
The single issue presented by these appeals is the validity of a new landing fee scheme enacted for Boston-Logan International Airport ("Logan") by the Massachusetts Port Authority ("Massport") as part of the initial step of a multi-phased Program for Airport Capacity Efficiency ("PACE"). This issue, although easily stated, is not so easily resolved.
Legislative confusion has permitted the coetaneous litigation of this controversy...
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