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FEDERAL EXP. CORP. v. DEPARTMENT OF TRANSP.

No. 04-1436.

434 F.3d 597 (2006)

FEDERAL EXPRESS CORPORATION, Petitioner v. DEPARTMENT OF TRANSPORTATION and Norman Y. Mineta, Secretary, United States Department of Transportation, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 20, 2006.

Attorney(s) appearing for the Case

Walter Dellinger argued the cause for petitioner. With him on the briefs were Matthew D. Roberts and Cynthia J. Collins.

Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, Leonard Schaitman, Attorney, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, Dale C. Andrews, Deputy Assistant General Counsel, and Peter J. Plocki, Senior Litigation Counsel.

Before: HENDERSON, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

Eleven days after the terrorist attacks of September 11, 2001, Congress enacted the Air Transportation Safety and System Stabilization Act. The Act directed the President to compensate air carriers up to five billion dollars for "direct losses" caused by orders halting air traffic and for "incremental losses" directly caused by the terrorist attacks and incurred between September 11...

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