AIR TRANSPORT ASSOCIATION OF AMERICA, INC. v. FAA

No. 18-1157.

921 F.3d 275 (2019)

AIR TRANSPORT ASSOCIATION OF AMERICA, INC., d/b/a Airlines for America, Petitioner, v. FEDERAL AVIATION ADMINISTRATION, Respondent. Port of Portland, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 2019.


Attorney(s) appearing for the Case

M. Roy Goldberg argued the cause and filed the briefs for petitioner. David A. Berg entered an appearance.

Caroline D. Lopez , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Alisa B. Klein , Attorney, and Charles E. Enloe , Trial Attorney, U.S. Department of Transportation.

Pablo O. Nuesch , Peter J. Hopkins , and Ian Whitlock were on the brief for intervenor Port of Portland, Oregon in support of respondent.

W. Eric Pilsk and Thomas R. Devine were on the brief for amicus curiae Airports Council International — North America in support of respondent. Nicholas A. DiMascio entered an appearance.

Before: Rogers and Tatel, Circuit Judges, and Randolph, Senior Circuit Judge.


Air Transport Association of America, Inc., an association of airlines with members that use the Portland International Airport, petitions for review of the decision of the Federal Aviation Administration ("FAA") that payments of the Airport's utility charges for off-site stormwater drainage and Superfund remediation did not...

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