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ALASKA AIRLINES v. TRANSPORTATION SEC. ADMIN.

No. 09-1062.

588 F.3d 1116 (2009)

ALASKA AIRLINES, INC., Petitioner v. TRANSPORTATION SECURITY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 2009.

Attorney(s) appearing for the Case

M. Roy Goldberg argued the cause and filed the briefs for petitioner.

Jeffrey Clair, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the briefs was Scott R. McIntosh, Attorney.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Pursuant to the Aviation and Transportation Security Act, Pub.L. No. 107-71, 115 Stat. 597 (2001)(codified in 49 U.S.C. § 114 and scattered sections of 49 U.S.C.), the Transportation Security Administration ("TSA") of the Department of Homeland Security imposed a $2.50 per passenger "enplanement" fee to pay for the costs of providing civil aviation security services. 49 U.S.C. § 44940(a)(1)(2009); 49 C.F.R. § 1510.5. Air carriers...

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