Articles Posted in Aviation

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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. View "Air Transport Association of America v. FAA" on Justia Law

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The DC Circuit denied a petition for review of the FAA's decision to revoke petitioner's pilot certification for knowingly operating an aircraft with narcotics on board. After petitioner's plane crash-landed due to an engine malfunction, a trooper doing a routine inventory of the aircraft's contents discovered three chocolate bars infused with tetrahydrocannabinol (THC, the psychoactive agent in marijuana) in petitioner's briefcase. The court held that the sanction of revocation of petitioner's pilot certificate was not imposed arbitrarily, capriciously, nor in conflict with the law. The court held that the Board explicitly considered petitioner's mitigating factors and simply determined that they did not warrant a lighter sanction. The Board reasoned that knowingly transporting illegal narcotics on an aircraft, regardless of quantity or purpose, fell within the scope of 14 C.F.R. 91.19 and was grounds for a certificate revocation. Likewise, the fact that the marijuana was purchased in Colorado did not change the fact that marijuana was illegal under federal law and in federal airspace. Finally, the passage of 49 U.S.C. 44710 did not limit the FAA's authority to revoke certificates under 49 U.S.C. 44709. View "Siegel v. Administrator of the FAA" on Justia Law

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In 2016, the Department of Transportation issued a rule requiring airlines to report the number of wheelchairs and scooters that are mishandled after being transported as checked luggage on passenger flights. The “Reporting Rule” was scheduled to take effect on January 1, 2018. In March 2017, DOT issued an “Extension Rule” that delayed the Reporting Rule's effective date by one year. More than four months after the issuance of the Extension Rule, Paralyzed Veterans filed suit, challenging the Extension Rule as procedurally infirm because it was issued without notice-and-comment procedures and as arbitrary and capricious. DOT argued only that the district court lacked subject-matter jurisdiction. The court agreed and transferred the case to the D.C. Circuit pursuant to 28 U.S.C. 1631. The D.C. Circuit dismissed. Under 49 U.S.C. 46110(a), petitions for review of specified orders issued by the Secretary of Transportation must be filed in the Court of Appeals for the District of Columbia Circuit or in the court of appeals for the circuit in which the petitioner resides or has its principal place of business. The court also noted that the claim was filed after the 60-day statutory deadline and there are no “reasonable grounds” justifying the untimely filing. View "Paralyzed Veterans of America v. United States Department of Transportation" on Justia Law

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The DC Circuit denied Interjet's petitions for review of the Department's orders implementing a decision to not allow the airlines to give any takeoff and landing slots at Mexico City's Benito Juárez International Airport, because Interjet already had more than 300 slots at that airport. The court denied Interjet's claim that the Department's orders were arbitrary, capricious and contrary to law. Rather, the court held that the Department's decision was reasonable and consistent with its statutory mandate. In this case, the Department's orders were neither contrary to the Federal Aviation Act nor arbitrary and capricious. View "ABC Aerolineas, S.A. de C.V. v. DOT" on Justia Law

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The DC Circuit denied a petition for review of the FAA's Small UAS Rule regulating certain unmanned aircraft (drones). Petitioner, a model aircraft hobbyist, contended that the rule exceeded the agency's statutory authority, was arbitrary and capricious, and had miscellaneous additional infirmities. The court held that because the challenged rule's only regulation of section 336 model aircraft was permitted by the Modernization and Reform Act of 2012, the FAA has honored the statutory safe harbor for these aircraft; section 333 of the Modernization Act permits the agency to apply the regulations of the Small UAS Rule to recreational model aircraft that do not fall within the section 336 safe harbor; the FAA did not act arbitrarily or capriciously and the court rejected plaintiff's five arguments to the contrary; and the court rejected plaintiff's contention that the FAA violated the Paperwork Reduction Act. View "Taylor v. FAA" on Justia Law

Posted in: Aviation

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The DC Circuit dismissed EPIC's petition for review of the FAA's rule promulgated under the FAA Modernization and Reform Act of 2012, in which Congress directed the Secretary to consider whether certain small unmanned aircraft systems (drones) could be safely integrated into the national airspace and to establish requirements ensuring their safe operation. The court did not reach the merits of the complaint and held that EPIC failed to establish standing. In this case, because EPIC could not meet its burden to show that at least one of its members suffered the requisite injury for standing, its claim of associational standing failed. Furthermore, EPIC submitted no affidavits in support of its standing as an organization but, instead, presented only vague assertions in its brief. View "Electronic Privacy Information Center v. FAA" on Justia Law

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The DC Circuit denied a petition for review of the FAA's refusal to grant petitioner, a type-one diabetic, a medical certificate required for commercial flight. In this case, petitioner had declined to provide data from a relatively new method of blood-glucose testing known as continuous glucose monitoring (CGM), and this court remanded for the FAA to explain why it needed the data. The court held that the FAA satisfied the remand order where the FAA explained that it needed the data because CGM is able to detect hypoglycemic episodes often missed by more traditional monitoring, and the FAA supported that explanation with medical studies in the administrative record. View "Friedman v. FAA" on Justia Law

Posted in: Aviation

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The DC Circuit denied a petition for review of the Secretary of Transportation's award of a foreign air carrier permit to Norwegian Air International Limited. Petitioners, four airline-employee unions, argued that the airline's business model and labor practices were not in the public interest. The court held that the unions have Article III standing to challenge the Secretary's decision. The court held, on the merits, that their petition failed because neither federal law nor international agreement required the Secretary to deny a permit on freestanding public-interest grounds where, as here, an applicant satisfied the requirements for obtaining a permit. View "Air Line Pilots Association v. Chao" on Justia Law

Posted in: Aviation

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Georgetown University and others petitioned for review of the FAA's approval of new flight paths that would bring planes closer to the Georgetown neighborhood of Washington, D.C. Petitioners alleged that the FAA failed to comply with environmental and historic preservation laws when assessing the noise impacts of the new departure procedures. The DC Circuit dismissed the petition as time-barred, because the FAA's December 2013 approval of the new routes, not its later publication of the route charts, qualified as the agency's final action, and because petitioners failed to challenge it within the sixty-day statutory time limit and had no "reasonable grounds" for the delay. View "Citizens Association of Georgetown v. FAA" on Justia Law

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The DC Circuit denied a petition for review of the FAA's "airworthiness directive," that mandated removal of some of petitioner's engine cylinder assemblies. The court held that the FAA's conclusion that AEC63 cylinder assemblies presented a "hazardous" risk in the event of failure was supported by substantial evidence in the record. The court explained that the FAA gathered the record evidence, over a period of years, with multiple rounds of public comment, on the safety risks posed by AEC63 cylinder assemblies, and the FAA's "unsafe condition" determination was based on a proper application of the FAA 8040.4A methodology and was supported by substantial evidence in the record on cylinder assembly failures. View "Airmotive Engineering Corp. v. FAA" on Justia Law