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STATE OF ALASKA v. U.S. DEPT. OF TRANSP.

Nos. 88-1348, 88-1682.

868 F.2d 441 (1989)

STATE OF ALASKA, et al., Petitioners, v. U.S. DEPARTMENT OF TRANSPORTATION and Samuel K. Skinner, Secretary of Transportation, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 1989.

Attorney(s) appearing for the Case

Stephen Gardner, Asst. Atty. Gen., New York City, with whom Andrea C. Levine, Brooklyn, N.Y., and Melvin L. Goldberg, Asst. Atty. Gens., New York City, were on the brief, for petitioners.

Steve Clark, James Tierney, Robert Abrams, New York City, Kenneth O. Eikenberry, Olympia, Wash., Robert T. Stephan and Arthur R. Weiss, Chicago, Ill., also entered appearances for petitioners.

Paul Samuel Smith, Atty., Dept. of Transp., with whom Kenneth G. Starling, Deputy Asst. Atty. Gen., John J. Powers, III, David Seidman, Attys., Dept. of Justice, B. Wayne Vance, Gen. Counsel, Diane R. Liff, Asst. Gen. Counsel for Litigation, and Robert D. Young, Atty., Dept. of Transp., Washington, D.C., were on the brief, for respondents.

Kenneth N. Weinstein and Thomas L. Ray, Attys., Dept. of Transp., Washington, D.C., also entered appearances for respondents.

Before ROBINSON, STARR and BUCKLEY, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

Twenty-seven States challenge two 1988 Orders of the Department of Transportation concerning advertising by airlines. The States launch a two-fold attack, contending (1) that DOT was required to proceed through the notice-and-comment procedures ordained by the Administrative Procedure Act, 5 U.S.C. § 553(b)(c) (1982), and (2) that the Orders do not evince reasoned decisionmaking...

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