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CITY OF LOS ANGELES v. U.S. DEPT. OF TRANSP.

No. 98-1071.

165 F.3d 972 (1999)

CITY OF LOS ANGELES, et al., Petitioners, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Respondents. Airports Council International—North America, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1999.

Attorney(s) appearing for the Case

Steven S. Rosenthal argued the cause for petitioners. With him on the briefs were Jeffery A. Tomasevich, Scott P. Lewis, Kenneth W. Salinger, Ronald N. Wilson, Stanley A. Zamel, and Breton K. Lobner. Leilani F. Battiste entered an appearance.

Thomas L. Ray, Senior Trial Attorney, United States Department of Transportation, argued the cause for respondents. With him on the brief were Joel I. Klein, Assistant Attorney General, United States Department of Justice, Robert B. Nicholson and Marion L. Jetton, Attorneys, Nancy E. McFadden, General Counsel, United States Department of Transportation, and Paul M. Geier, Assistant General Counsel.

Jonathan S. Franklin argued the cause for intervenors Air Transport Association of America, et al. With him on the brief was Allen R. Snyder.

G. Brian Busey, Anthony L. Press, and Patricia A. Hahn were on the briefs for intervenor Airports Council International—North America.

Before: SILBERMAN, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The City of Los Angeles increased the landing fees at Los Angeles International Airport, and the airlines challenged those fees as unreasonable before the Department of Transportation. The DOT set aside the increased fees, reasoning that the City's attempt to recoup its "opportunity costs" through the fees was impermissible as a matter of statute. In City of Los Angeles v...

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