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ASIANA AIRLINES v. F.A.A.

Nos. 97-1356, 97-1357, 97-1358, 97-1359, 97-1360, 97-1362, 97-1363, & 97-1364.

134 F.3d 393 (1998)

ASIANA AIRLINES, et al., Petitioners, v. FEDERAL AVIATION ADMINISTRATION and Barry Valentine, Acting Administrator, Federal Aviation Administration, Respondents, Air New Zealand Limited, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1998.

Attorney(s) appearing for the Case

Robert W. Kneisley, Dallas, TX, argued the cause for petitioners, with whom Geoffrey P. Gitner, M. Roy Goldberg, Frederick S. Hird, Jr., Joseph E. Schmitz, Washington, DC, David W. Miller, Moffett B. Roller, Don H. Hainbach, Washington, DC, Paul V. Mifsud, Carl W. Vogt, Washington, DC, Frederick Robinson and James S. Campbell were on the briefs. Jeffrey N. Shane, Washington, DC, entered an appearance.

Peter R. Maier, Attorney, United States Department of Justice, argued the cause for respondents, with whom Frank W. Hunger, Assistant Attorney General, Mary Lou Leary, United States Attorney, Washington, DC, and Robert S. Greenspan, Attorney, United States Department of Justice, were on the brief.

Before: WALD, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioners challenge an FAA Interim Final Rule imposing annual fees totaling nearly $100 million on flights that neither take off from nor land in the United States. We reject their claims that the FAA acted unlawfully in employing an expedited procedure which precluded a round of notice and comment before the effective date of the Rule, and that the regulation violated the antidiscrimination...

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