PORT AUTHORITY OF NEW YORK AND NEW JERSEY Petitioner
v.
DEPARTMENT OF TRANSPORTATION and Mary E. Peters, Secretary of Transportation, Respondents
Brendan Airways, LLC, d/b/a USA3000 Airlines, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 11, 2006.
Decided March 2, 2007.
Attorney(s) appearing for the Case
Jeffery A. Tomasevich argued the cause for petitioner Port Authority of New York and New Jersey. With him on the briefs were Steven S. Rosenthal, Douglas A. Tucker, and Carlene V. McIntyre.
John Longstreth argued the cause for petitioners Brendan Airways, LLC, et al. With him on the briefs were James R. Weiss and Christopher S. Huther.
Patricia A. Hahn, Thomas R. Devine, and Arthur P. Berg were on the brief for amicus curiae Airports Council International — North America in support of petitioner Port Authority of New York and New Jersey and in opposition to petitioners Brendan Airways, LLC, et al.
David J. Frantz was on the brief for amicus curiae United Kingdom of Great Britain and Northern Ireland in support of petitioners Brendan Airways, LLC, et al., urging affirmance in part and reversal in part.
Mary F. Withum, Trial Attorney, U.S. Department of Transportation, argued the cause for the respondents. With her on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Steven J. Mintz, Attorneys, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, and Dale C. Andrews, Deputy Assistant General Counsel. John J. Powers, III, Attorney, U.S. Department of Justice, entered an appearance.
Steven S. Rosenthal, Jeffery A. Tomasevich, Douglas A. Tucker, and Carlene V. McIntyre were on the brief for intervenor Port Authority of New York and New Jersey in support of the respondents.
James R. Weiss and John Longstreth were on the brief for intervenors Brendan Airways, LLC, et al. in support of the respondents.
Before: TATEL and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge BROWN.
BROWN, Circuit Judge.
The Port Authority of New York and New Jersey ("Port Authority") runs Newark Liberty International Airport ("EWR"). When the Port Authority increased the fees charged at EWR's International Terminal B ("ITB"), thirteen airlines operating out of that terminal complained to the Department of Transportation ("DOT") pursuant to 49 U.S.C. § 47129, claiming the rates were unreasonable...
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