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Petitioner sought review of the FAA's finding that a new runway project at Hillsboro Airport would have no significant impact on the environment. The Ninth Circuit denied the petition for review, holding that, in adopting the supplemental environmental assessment, issuing the finding of no significant impact, and concluding that the project at the Hillsboro Airport complied with the requirements of the Airport and Airway Improvement Act, the FAA did not act in a manner that was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. View "Barnes v. FAA" on Justia Law

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Paul Hudson and the Flyers Rights group petitioned the FAA to promulgate rules governing size limitations for aircraft seats to ensure, among other things, that passengers can safely and quickly evacuate a plane in an emergency. The Administration denied the petition, asserting that seat spacing did not affect the safety or speed of passenger evacuations. The DC Circuit granted the petition for review in part and agreed with Flyers Rights that the Administration failed to provide a plausible evidentiary basis for concluding that decreased seat sizes combined with increased passenger sizes have no effect on emergency egress. However, the court disagreed with Flyers Rights' challenge to the Administration's declination to regulate matters of physical comfort and routine health. In this case, the Administration decided that it should not address those issues at this time, making the very type of regulatory-effort and resource-allocation judgments that fell squarely within the agency's province. The court remanded to the Administration for a properly reasoned disposition of the petition's safety concerns about the adverse impact of decreased seat dimensions and increased passenger size on aircraft emergency egress. View "Flyers Rights Education Fund v. FAA" on Justia Law

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The DC Circuit upheld the Department's final rule defining e-cigarette use as "smoking" for purposes of airplane travel under 49 U.S.C. 41706. The Department rested its authority for the regulation on two sections authorizing past aircraft smoking regulations, 49 U.S.C. 41706 (prohibition on "smoking" on scheduled passenger flights within, to, or from the United States) and 49 U.S.C. 41702 ("air carrier shall provide safe and adequate interstate air transportation"). The court held that a "smoking prohibition" reasonably applies to products intended to enable users to inhale and exhale nicotine; the regulation was not arbitrary; the Department acknowledged petitioners' contrary evidence and explained why the regulation was still warranted; and the Department did not impermissibly rely on new studies in the final rule, but instead included new supplementary information that expands on and confirms data in the rulemaking record. Because the court upheld the regulation under section 41706, the court need not address section 41702. View "Competitive Enterprise Institute v. DOT" on Justia Law

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National manufactures battery packs, including the lithium battery packs at issue (Batteries), which were regulated as hazardous materials. A Federal Aviation Administration agent inspected National’s Chicago facility and discovered that National made 11 air shipments of the Batteries to customers in California and Canada that did not comply with multiple hazardous material regulations (HMRs). The FAA filed a complaint. National’s vice president testified that he believed, without supporting evidence, the Batteries were exempt from testing because they were similar to previously tested batteries. The shipping papers indicated that each shipments conformed tp the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous Goods. National’s office manager, certified each shipment, but her hazardous materials training was Department of Transportation specific and did not include training on the ICAO Technical Instructions. Because the Batteries were untested lithium batteries, they should have been packed according to the more stringent standards. An ALJ found that National knowingly violated the HMRs. The FAA assessed a civil penalty of $66,000 based on 49 U.S.C. 5123(c). The Seventh Circuit denied a petition for review. A reasonable person in National’s position would have been aware of its violations; the penalty was within statutory limits, and rationally related to National’s multiple offenses View "National Power Corp. v. Federal Aviation Administration" on Justia Law

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Gary Jet began operating as a Fixed Base Operator (FBO) at the Authority's Gary/Chicago International Airport in 1991. The 2006 “Minimum Standards,” regulations governing FBOs, contained a 1.5% charge on gross revenue for commercial FBO services beginning in 2001, “pending the expiration of existing leases which do not incorporate these terms.” Gary Jet’s lease did not contain this provision. During negotiations for a new lease, the parties agreed that Gary Jet would instead pay “supplemental rent” of 10% of certain fees. A January 2007 “First Amended Lease” with a 39-year term, required Gary Jet to pay base rent plus supplemental rent and stated Gary Jet “shall abide by” the Minimum Standards, except when they conflict with the 2007 Lease. The lease stated that the Minimum Standards “shall be … made applicable to” subsequent lease agreements. In 2013, Gary Jet sued for breach of contract. The parties entered settled in 2014. Gary Jet agreed that New Minimum Standards controlled any conflict with its lease. A 2014 revised lease stated that the Minimum Standards controlled any conflicts. The initial draft of new Minimum Standards did not require Gary Jet to pay a percentage of gross revenue. In 2015, the Authority stated that it intended require that each FBO pay a percentage of gross revenues. Gary Jet objected, but the Authority approved the New Minimum Standards with the provision. The Seventh Circuit affirmed dismissal of Gary Jet’s suit under the Contracts Clause. Gary Jet cannot plausibly demonstrate that it is without a remedy for any violation of its contractual rights, which is essential to a Contracts-Clause claim. View "Gary Jet Center, Inc. v. AFCO AvPORTS Management, LLC" on Justia Law

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The Aviation and Transportation Security Act, 49 U.S.C. 44935 note, commits the termination of the employment of TSA screeners to the unreviewable discretion of the TSA Administrator. The Second Circuit held that the district court lacked subject matter jurisdiction to review the termination decisions pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 701(a). Therefore, the court affirmed the dismissal of the complaint in this case seeking judicial review of the employment termination of a screening officer employed by the TSA. View "Connors v. United States" on Justia Law

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SJJC Aviation is a fixed base operator (FBO) that operates a full-service facility at the Norman Y. Mineta San Jose International Airport, which is owned by the city. In 2012 the city addressed a plan to add a second FBO on the west side of the airport and issued a request for proposals “for the development and operation of aeronautical services facilities to serve general aviation activities at the [airport].” The city awarded the lease and operating agreement to Signature and its prospective subtenant, BCH, rejecting SJJC's bid as nonresponsive. SJJC filed suit, contending that the “flawed” process of soliciting bids for the lease should be set aside. The court of appeal affirmed dismissal of the suit. SJJC lost its own opportunity to compete for the new airport FBO by submitting a manifestly nonresponsive bid. SJJC is in reality complaining of past acts by the city and is seeking a remedy that will allow it another opportunity to submit a responsive proposal. View "SJJC Aviation Services v. City of San Jose" on Justia Law

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Petitioner sought refunds from TSA for overpayments it made to TSA that related to fees charged to airline passengers that fund aviation security expenses and were to be remitted to TSA. TSA conducted an informal adjudication and refused to consider the refund request. The DC Circuit rejected the notion that petitioners' request for a refund was a tardy effort to reopen an audit. Putting aside the audit as irrelevant, there still remained the question of whether it was arbitrary and capricious for the Under Secretary to refuse to pay a refund, as he was statutorily authorized—but not commanded—to do. Accordingly, the court remanded to TSA for further proceedings. View "United Airlines, Inc. v. TSA" on Justia Law

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Richland Aviation filed this proceeding to determine whether it was a “scheduled airline” and therefore subject to central tax assessment by the Montana Department of Revenue (DOR). The district court concluded that Richland Aviation was not a scheduled airline because it “does not hold out to the public that it operates between certain places at certain times[.]” Therefore, the district court concluded that Richland Aviation was not subject to central assessment. Applying the definitions found in Montana Department of Revenue v. Alpine Aviation, Inc., 384 P.3d 1035, the Supreme Court affirmed, holding that Richland Aviation does not engage in “regularly scheduled flights” required for central assessment. View "Richland Aviation, Inc. v. State, Department of Revenue" on Justia Law

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The FAA's Registration Rule requires the owners of small unmanned aircraft operated for recreational purposes (model aircraft) to register with the FAA. Advisory Circular 91-57A announced that model aircraft would be subject to certain flight restrictions in the Washington, D.C., area. The DC Circuit granted the petition for review in this case, vacating the Registration Rule to the extent it applies to model aircraft because Section 336(a) of the FAA Modernization and Reform Act, 49 U.S.C. 40101 note, states that the FAA "may not promulgate any rule or regulation regarding a model aircraft." The DC Circuit held that petitioner's challenge to the Advisory Circular was untimely and petitioner did not have reasonable grounds for the late filing. View "Taylor v. Huerta" on Justia Law