Justia Aviation Opinion Summaries

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After plaintiff suffered serious injuries when he was struck by a semi-tractor trailer, he filed suit against C.H. Robinson, the freight broker that arranged for the trailer to transport goods for Costco. Plaintiff alleged that C.H. Robinson negligently selected an unsafe motor carrier.The Ninth Circuit agreed with the district court that plaintiff's claim is "related to" C.H. Robinson's services, but held that the district court erred in determining that the Federal Aviation Administration Authorization Act of 1994's (FAAAA) safety exception does not apply. The panel explained that, in enacting that exception, Congress intended to preserve the States’ broad power over safety, a power that includes the ability to regulate conduct not only through legislative and administrative enactments, but also though common-law damages awards. The panel also held that plaintiff's claim has the requisite "connection with" motor vehicles because it arises out of a motor vehicle accident. Therefore, the negligence claims against brokers, to the extent that they arise out of motor vehicle accidents, have the requisite "connection with" motor vehicles, and thus the safety exception applies to plaintiff's claims against C.H. Robinson. The panel reversed and remanded. View "Miller v. C.H. Robinson Worldwide, Inc." on Justia Law

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Plaintiff filed suit alleging that Section 431 of the Smoot-Hawley Tariff Act of 1930, which requires all vessels arriving in the United States to maintain a manifest on which is recorded information about the just-completed voyage and an account of what is on board, requires aircraft entering the United States to make available for public disclosure such manifests detailing the journey and cargo aboard.The Second Circuit affirmed the district court's dismissal in part of plaintiffs' complaint. The court considered the different tools of statutory interpretation and held that section 431(c)(1) continues to require the government to make available for public disclosure manifests only of vessels, meaning "water craft or other contrivance used, or capable of being used, as a means of transportation in water, but...not...aircraft." The court considered plaintiffs' remaining arguments on appeal and concluded that they are without merit. View "Panjiva, Inc. v. United States Customs and Border Protection" on Justia Law

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The Fourth Circuit dismissed the County's petition to vacate or set aside the FAA's modified air-traffic procedure, or series of flight routes, that governs westbound departing aircraft at Baltimore/Washington International Thurgood Marshall Airport (TERPZ-6). The court agreed with the FAA that the petition is untimely under 49 U.S.C. 46110(a) because it was filed well over sixty days after the issuance of the agency's relevant order. In this case, the County unreasonably waited 110 days to demand voluntary relief from the FAA as a first resort, and six months for the agency to come to the table. Therefore, the County's belated effort to engage the FAA in a voluntary fix to the noise impacts associated with TERPZ-6, together with the FAA's belated offer to pursue such a fix, provides no grounds for not filing by the 60th day. View "Howard County v. Federal Aviation Administration" on Justia Law

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The FAA filed an enforcement action against Pacific before an ALJ, which was then appealed to the Administrator. The ALJ and Administrator held that they had the power to adjudicate the action because the FAA initially sent Pacific two separate notices alleging that Pacific was liable for civil penalties for different violations, with each notice seeking less than $50,000.Because the FAA ultimately pursued those penalties through a single complaint seeking more than $50,000, the Ninth Circuit held that the only tribunal with jurisdiction to adjudicate the complaint was a federal district court under 49 U.S.C. 46301(d)(4). The panel explained that its conclusion is not altered by the fact that the ALJ and Administrator ultimately imposed a total penalty of less than $50,000, because a higher amount was in controversy even though not ultimately awarded. Accordingly, the court vacated the Administrator's decision and remanded with instructions to dismiss. View "Sky-Med, Inc. v. Federal Aviation Administration" on Justia Law

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The DC Circuit dismissed petitions for review of several Federal Aviation Administration actions related to the proposed expansion of the Paulding Northwest Atlanta Airport. The court held that it lacked jurisdiction because none of petitioners' challenges involves an ongoing case or controversy. In this case, petitioners lack standing to pursue their challenge to the FAA's decision to withdraw its concurrence in GDOT's written reevaluation, because petitioners' injuries are not fairly traceable to the challenged action. Furthermore, petitioners' remaining challenges concerning the FAA's concurrence in GDOT's written re-evaluation, the FAA's denial of reconsideration of that concurrence, and the FAA's withdrawal of the airport expansion from the then-pending commercial service environmental assessment are all moot. View "Louie v. Dickson" on Justia Law

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The Great Lakes Pilotage Act requires foreign vessels and American vessels participating in foreign trade to hire an American or Canadian maritime pilot to assist in navigating the difficult waters of the Great Lakes. Shippers challenged the pilot rates for the 2016 commercial shipping season under the Administrative Procedure Act (APA). Shippers claimed that the 2016 Rule set an artificially inflated pilot rate that caused significant harm to the industry.The DC Circuit affirmed the district court's decision upholding parts of the 2016 Rule setting higher compensation targets for the pilots. The court also affirmed the district court's holding that several parts of the rule are unsupported by the administrative record. The court held that, although remand without vacatur is the exception rather than the rule, the district court acted within its discretion here, given the disruption likely to occur from reallocating rates paid several years ago. View "American Great Lakes Ports Ass'n v. Schultz" on Justia Law

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Hughes bought a ticket from Southwest to fly to Chicago. Just before the flight was to board, Southwest canceled it. Hughes, who chose an alternate flight through Omaha, claims that the cancellation was because Southwest ran out of de-icer and that no other airlines had a similar problem. He claims he incurred additional costs for lodging and similar expenses. The Seventh Circuit affirmed the dismissal of his breach of contract claim. There was no breach; the contract allows the airline to cancel and either reschedule the passenger or refund the fare. There is no implied duty to avoid cancellation. View "Brian Hughes v. Southwest Airlines Co." on Justia Law

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In 1999, the Taylors purchased land near a New Mexico Air Force base to raise calves. The Air Force began flying training missions over the land, sometimes “no more than 20 feet . . . off the deck.” In 2008, the Taylors granted Wind Energy an exclusive five-year option for an easement on the Taylors’ property, for “wind resource evaluation, wind energy development, energy transmission and related wind energy development uses.” In 2012, Air Force employees suggested to Wind Energy that the FAA would not issue a “No Hazard” designation for the air space above the Taylors’ land, which would be “fatal to the construction of planned wind turbines.” Wind Energy exercised its contractual right to terminate the agreement.The Taylors sued, claiming that the Air Force’s informal advice to Wind Energy caused a regulatory taking of their property interest in their contract and that the flyovers effected a physical taking. The Federal Circuit affirmed the dismissal of the complaint. Wind Energy’s termination was not a breach of the agreement so the Taylors had no property right in the continuation of that agreement nor did they have any investment-backed expectations. Any advice given by Air Force employees did not amount to an FAA denial. The Taylors did not provide factual allegations of how the flights “directly, immediately, and substantially interfere” with their quiet enjoyment and use of the land View "Taylor v. United States" on Justia Law

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FlyersRights claimed that airlines were not giving passengers sufficient notice of their right to compensation for delays in flights and urged the Department to issue regulations requiring the airlines to print written summaries of passengers' rights on all international airline tickets, including information about how passengers suffering from flight delays might be compensated.The DC Circuit held that FlyersRights has at least one member with independent standing to sue the Department and therefore FlyersRights has associational standing to sue on behalf of its members. On the merits, the court denied FlyersRights' petition for review of the Department's denial of its request for rulemaking as arbitrary and in violation of the Administrative Procedure Act (APA). The court held that the Department adequately explained why it denied the request for rulemaking, and the Department's finding that there was insufficient evidence of consumer confusion to warrant a rulemaking was also supported. View "Flyers Rights Education Fund v. Department of Transportation" on Justia Law

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This case arose out of the FAA and NPS's efforts to regulate commercial sightseeing flights over national parks. The Air Tour Management Act of 2000 directs the FAA and NPS to "make every effort" to establish rules governing such flights within two years of the first application.After determining that it has jurisdiction over this mandamus petition under the All Writs Act, the DC Circuit held that petitioners had associational standing to seek relief. In this case, petitioners' members showed cognizable aesthetic and recreational injury that could be redressed by mandamus relief. On the merits, the court granted a writ of mandate compelling the FAA and NPS to regulate air tours at seven parks where they have injured members. The court analyzed the six TRAC factors and concluded that mandamus relief was warranted here where the agencies have failed to comply with their statutory mandate for the past nineteen years. The court ordered the agencies to produce a schedule within 120 days of the issuance of this opinion for bringing all twenty-three parks into compliance. View "In re: Public Employees for Environmental Responsibility" on Justia Law