You mean this?
Originally Posted by Air Transport World
A US federal appeals court yesterday upheld the Dept. of Transportation's 2008 rule allowing airports to charge higher landing fees during "peak" periods, with the presiding judge telling objecting airlines that congestion pricing's "creativity should be welcomed on its merits, not spurned for its novelty.
Fortunately this case bears nearly no relevance to the action Delta and US Air have filed over the slot swap.