Air Transport Association of America v. FAA, No. 18-1157 (D.C. Cir. 2019)Annotate this Case
The DC Circuit denied petitions for review of the FAA's decision that payments of the Portland International Airport's utility charges for off-site stormwater drainage and Superfund remediation did not constitute diversion of airport revenues or violate the Anti-Head Tax Act. The court held that Congress expressly authorized the use of airport revenues for "operating costs . . . of the airport" and the FAA has properly determined that the general expenses of a utility are such "operating costs." Therefore, the court rejected petitioner's contention that the FAA's decision was based on erroneous statutory interpretations and that the FAAs findings were not supported by substantial evidence.
This opinion or order relates to an opinion or order originally issued on January 15, 2019.