AIR TRANSPORT ASSOCIATION OF AMERICA, Petitioner,
v.
DEPARTMENT OF TRANSPORTATION, et al., Respondents,
City of Los Angeles, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 15, 1997.
Decided August 1, 1997.
Attorney(s) appearing for the Case
Walter A. Smith, Jr., Washington, DC, argued the cause for petitioner Air Transport Association of America, with whom Allen R. Snyder, Jonathan L. Abram, Washington, DC, and Jonathan S. Franklin, Beverly Hills, CA, were on the briefs.
Steven S. Rosenthal argued the cause for petitioner City of Los Angeles, with whom Ronald N. Wilson, Stanley A. Zamel, Ardis M. Conant, Leilani F. Battiste, and Breton K. Lobner, Los Angeles, CA, were on the briefs. G. Brian Busey, Washington, DC, entered an appearance.
Thomas L. Ray, Attorney, United States Department of Transportation, Washington, DC, argued the cause for respondents, with whom Nancy E. McFadden, General Counsel, Washington, DC, and Paul M. Geier, Assistant General Counsel, Washington, DC, were on the brief. Marion L. Jetton and Robert B. Nicholson, Attorneys, United States Department of Justice,, Washington, DC, entered appearances.
Steven S. Rosenthal, Ronald N. Wilson, Stanley A. Zamel, Ardis M. Conant, Leilani F. Battiste, and Breton K. Lobner, Attorneys, City of Los Angeles Department of Airports, Los Angeles, CA, filed the brief for intervenor City of Los Angeles. G. Brian Busey, Washington, DC, entered an appearance.
Allen R. Snyder, Walter A. Smith, Jr., Jonathan L. Abram,, Washington, DC, and Jonathan S. Franklin, Beverly Hills, CA, filed the brief for intervenor Air Transport Association of America.
Scott P. Lewis and Kenneth W. Salinger, Boston, MA, filed the brief for amici curiae Airports Council International-North America and American Association of Airport Executives. Patricia A. Hahn entered an appearance.
Before: SILBERMAN, GINSBURG, and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
Petitioners City of Los Angeles and the Air Transport Association of America, an airline trade association, each challenge the Department of Transportation's Final Policy Regarding Airport Rates and Charges. We grant the petitions for review and remand.
I.
Airports are required by statute to charge aeronautical users reasonable fees.1
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