ALASKA AIRLINES, INC. v. U.S. DEPT. OF TRANSP.

Nos. 07-1209, 07-1223, 07-1273, 07-1276.

575 F.3d 750 (2009)

ALASKA AIRLINES, INC. et al., Petitioners v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent City of Los Angeles et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 2009.


Attorney(s) appearing for the Case

M. Roy Goldberg argued the cause for petitioners Terminal 1 and 3 Airlines and the Air Transport Association of America, Inc. With him on the briefs were Robert W. Kneisley, Howard E. Kass, Robert P. Silverberg, Claire L. Shapiro, and David A. Berg.

Steven S. Rosenthal argued the cause for petitioner the City of Los Angeles and intervenor Airports Counsel International—North America. With him on the briefs were Jeffery A. Tomasevich, J.D. Taliaferro, and Scott P. Lewis. Douglas A. Tucker entered an appearance.

Mary F. Withum, Senior Trial Attorney, U.S. Department of Transportation, argued the cause for respondent. With her on the brief were Robert B. Nicholson and Nickolai G. Levin, Attorneys, U.S. Department of Justice, Paul M. Geier, Assistant General Counsel, U.S. Department of Transportation, and Dale C. Andrews, Deputy Assistant General Counsel.

M. Roy Goldberg argued the cause for intervenor Terminal 1 and 3 Airlines. With him on the brief were Robert W. Kneisley and Howard E. Kass.

Steven S. Rosenthal argued the cause for intervenors the City of Los Angeles and Airports Counsel International— North America. With him on the briefs were Jeffery A. Tomasevich, J.D. Taliaferro, and Scott P. Lewis. Patricia A. Hahn entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.


GINSBURG, Circuit Judge.

Various airlines asked the Department of Transportation (DOT) to declare unlawful certain of the methods used by the City of Los Angeles to calculate the rental rates they pay for terminal space at Los Angeles International Airport (LAX). Both the City and the airlines petition for review of the DOT's Final Decision, Alaska Airlines v. Los Angeles World Airports, Docket No. OST-2007-27331, 2007 DOT Av. LEXIS 437 (Jun. 15, 2007) (Final...

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