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Reversal of Grant of Habeas Petition by Guantanamo Bay Detainee, and Administrative Matters

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By FindLaw Staff on July 13, 2010 12:42 PM

Air Transp. Ass'n of Am. v. US Dept. of Transp., No. 08-1293, involved a petition for review of amendments to the Department of Transportation's (DOT) 1996 Policy Regarding Airport Rates and Charges allowing an airport to charge aircraft higher landing fees at peak times, a practice known as congestion pricing.  The court of appeals denied the petition on the grounds that 1) the court deferred to the DOT's reasonable interpretation of the statutory prohibition of unjust discrimination; 2) setting landing fees that complied with all applicable statutes and regulations was within the scope of an airport authority's power as proprietor; and 3) because the amendments left only two variables to the discretion of the airport proprietor, and thus set out a nearly complete pricing algorithm, the DOT provided sufficient guidance.

Al-Adahi v. Obama, No. 09-5333, concerned a habeas petition by a detainee at Guantanamo Bay Naval Base.  The D.C. Circuit reversed the grant of the petition on the grounds that 1) assuming arguendo that the government must show by a preponderance of the evidence that petitioner was part of al-Qaida; 2) the district court clearly erred in its treatment of the evidence and in its view of the law; and 3) when the evidence is properly considered, it becomes clear that petitioner was - at the very least - more likely than not a part of al-Qaida.

Butte Cty. v. Hogen, No. 09-5179, involved an action by a county under the Administrative Procedure Act challenging the Department of the Interior's approval of an Indian tribe's gaming ordinance.  The court of appeals reversed summary judgment for defendants, holding that the Department failed to provide a reasoned explanation for its decision.

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