In petitions for review of the Department of Transportation’s order approving certain of the methods used by a city to calculate the rental rates airlines pay for terminal space at an airport, the petitions are granted in part where the DOT was required to justify or abandon its disparate treatment of airfield and non-airfield space. However, they are denied in part where the rate increase did not discriminate against particular airlines.

Read Alaska Airlines, Inc. v. Dep’t of Transp., No. 07-1209

Appellate Information

Argued December 11, 2008

Decided August 7, 2009

Judges

Opinion by Judge Ginsburg

Counsel

For Petitioners:

M. Roy Goldberg, Washington, DC

Robert W. Kneisley, Washington, DC

For Respondent:

Mary F. Withum, Senior Trial Attorney, U.S. Department of Transportation, Washington, DC

Robert B. Nicholson, Senior Trial Attorney, U.S. Department of Transportation, Washington, DC

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