(CN) – Airports can charge airlines more to land their planes during peak hours, the D.C. Circuit ruled, because “it is entirely reasonable to expect an airline, an in turn its passengers, to pay a premium for the opportunity to arrive at a peak time.”
A 2008 Department of Transportation ruled allowed for the increased rates at peak times to cut congestion and ease delays.
The Air Transport Association of America challenged the rule, fearing it would result in discriminatory fees.
The D.C. Circuit unanimously upheld the regulation.
“[I]t is unsurprising that the department would update its approach to landing fees in an effort to relieve airport congestion,” Judge Douglas Ginsburg wrote. “So long as it complies with the applicable statutes, its creativity should be welcomed on its merits, not spurned for its novelty.”