Cite as: 510 U. S. 355 (1994)
Syllabus
Transportation's regulatory authority regarding the federal aviation laws. In view of the Department's authority, there is no cause for courts to offer a substitute for conventional public utility regulation. While the AAIA directly addresses the use of airport revenues, the Airlines do not suggest that the Airport has misused the funds in violation of that Act and did not seek review of the lower courts' ruling that they had no AAIA cause of action. Finally, the record in this case does not support the Airlines' argument that the lower general aviation fees discriminate against interstate commerce and travel. There is no proof that the large and diverse general aviation population served by the Airport travels typically intrastate and seldom ventures beyond Michigan's borders. Pp. 369-373. 3. The fees do not violate the "dormant" Commerce Clause. Even if the AHTA's express permission for States' imposition of reasonable fees were insufficiently clear to rule out dormant Commerce Clause analysis, the Court has already found the challenged fees reasonable under the AHTA using a standard taken directly from the Court's dormant Commerce Clause jurisprudence. Pp. 373-374.
955 F. 2d 1054, affirmed.
Ginsburg, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Thomas, J., filed a dissenting opinion, post, p. 374. Blackmun, J., took no part in the consideration or decision of the case.
Walter A. Smith, Jr., argued the cause for petitioners. With him on the briefs was Jonathan S. Franklin.
William F. Hunting, Jr., argued the cause for respondents. With him on the brief were Mark S. Allard, Robert A. Buchanan, and Michael M. Conway.
Edward C. DuMont argued the cause for the United
States as amicus curiae urging affirmance. With him on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Wallace, William Kanter, Christine N. Kohl, Paul M. Geier, and Dale C. Andrews.*
*Briefs of amici curiae urging reversal were filed for the Air Transport Association of America by Mary E. Downs; for Thrifty Rent-A-Car System, Inc., by Randall J. Holder and Nancy Glisan Gourley; and for the
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