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.
Argued December 11, 2008
Decided August 7, 2009
Opinion by Judge Ginsburg
M. Roy Goldberg, Washington, DC
Robert W. Kneisley, Washington, DC
Mary F. Withum, Senior Trial Attorney, U.S. Department of Transportation, Washington, DC