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AIR TRANSPORT ASS'N OF CANADA v. F.A.A.

Nos. 01-1446 to 01-1452 and 01-1455.

323 F.3d 1093 (2003)

AIR TRANSPORT ASSOCIATION OF CANADA, Petitioner, v. FEDERAL AVIATION ADMINISTRATION and Administrator, FAA, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 8, 2003.

Attorney(s) appearing for the Case

M. Roy Goldberg argued the cause for petitioners. With him on the briefs were Don H. Hainbach, Paul V. Mifsud, Frederick S. Hird, Jr., Shelia C. Cheston, Neil J. King, Frederick Robinson, Moffett B. Roller, and Michael F. Goldman.

Robert D. Kamenshine, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Kirk K. Van Tine, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, Dale C. Andrews, Deputy Assistant General Counsel, David G. Leitch, Chief Counsel, Federal Aviation Administration, and Robert S. Greenspan, Attorney, U.S. Department of Justice.

Before: TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

For the third time, we must review the lawfulness of a Federal Aviation Administration regulation establishing fees for air traffic control services for "overflights"— flights by planes that go across some part of the United States but do not take off or land there. For the third time, we find that the FAA disregarded its statutory mandate...

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