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LOS ANGELES DEPT. OF AIRPORTS v. U.S. D.O.T.

Nos. 95-1344, 95-1361, 95-1387, 95-1388 and 95-1422.

103 F.3d 1027 (1997)

CITY OF LOS ANGELES DEPARTMENT OF AIRPORTS et al., Petitioners, v. UNITED STATES DEPARTMENT OF TRANSPORTATION et al., Respondents, Aero California et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 1997.

Attorney(s) appearing for the Case

Steven S. Rosenthal, argued the cause, for petitioner City of Los Angeles, CA, with whom G. Brian Busey, Washington, DC, and Breton K. Lobner, Los Angeles, CA, were on the briefs.

William Karas, argued the cause, for petitioners Aero California et al., with whom Frank J. Costello, Jr., Washington, DC, was on the briefs.

Walter A. Smith, Jr., argued the cause, for petitioners Air Transport Association of America et al., with whom Allen R. Snyder, Jonathan L. Abram and Jonathan S. Franklin, Washington, DC, were on the briefs.

Thomas L. Ray, Attorney, U.S. Department of Transportation, argued the cause, for respondents, with whom Anne K. Bingaman, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III, and Marion L. Jetton, Attorneys, Nancy E. McFadden, General Counsel, U.S. Department of Transportation, and Paul M. Geier, Assistant General Counsel, were on the brief. Robert B. Nicholson, Attorney, Washington, DC, U.S. Department of Justice, entered an appearance.

Walter A. Smith, Jr., Allen R. Snyder, Jonathan L. Abram, Jonathan S. Franklin, Frank J. Costello, Jr. and William Karas, Washington, DC, were on the brief, for intervenors Air Transport Association of America et al.

Steven S. Rosenthal, G. Brian Busey, Washington, DC, and Breton K. Lobner, Los Angeles, CA, were on the brief, for intervenor City of Los Angeles Department of Airports.

Scott P. Lewis and Patricia A. Hahn, were on the brief, for intervenor Airports Council International — North America.

Janet P. Holt, Mark S. Kahan, Susan B. Jollie, Gary B. Garofalo, Moffett B. Roller, Washington, DC, Roxanne S. Clements, New York City, Stephen H. Lachter, Lawrence D. Wasko, Stephen L. Gelband and Joanne W. Young, Washington, DC, entered appearances.

Before: EDWARDS, Chief Judge and WILLIAMS and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The City of Los Angeles Department of Airports (hereinafter the City) and two groups of airlines request review, each for different reasons, of the order of the U.S. Department of Transportation approving in part the compensatory landing fee scheme that the City implemented in the spring of 1993. We grant the petition of the City and deny those of the airlines.

I. BACKGROUND...

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