SOUTHWEST AIRLINES CO. v. U.S. DEPT. OF TRANSP.

No. 15-1036.

832 F.3d 270 (2016)

SOUTHWEST AIRLINES CO., Petitioner v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent. Delta Air Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 2016.


Attorney(s) appearing for the Case

M. Roy Goldberg argued the cause for petitioner. With him on the briefs was Robert W. Kneisley , Washington, DC.

Benjamin M. Shultz , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Michael S. Raab , Attorney, Paul M. Geier , Assistant General Counsel for Litigation, U.S. Department of Transportation, Peter J. Plocki , Deputy Assistant General Counsel for Litigation, and Charles E. Enloe , Trial Attorney.

Jeffrey M. Harris argued the cause for intervenor. With him on the brief were Paul D. Clement , Edmund G. LaCour, Jr. , Kenneth P. Quinn , and Jennifer Trock , Washington, DC.

Before: SRINIVASAN and WILKINS, Circuit Judges, and GINSBURG, Senior Circuit Judge.


Southwest Airlines seeks our review of a letter from the Department of Transportation (DOT) to the City of Dallas addressing competition policies for airlines operating at Love Field airport. According to Southwest, the views expressed by DOT in the letter are substantively incorrect and procedurally improper. We dismiss...

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