Articles Posted in US Court of Appeals for the Eleventh Circuit

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The Eleventh Circuit lacked jurisdiction to consider the merits of petitioners' suit challenging the FAA's interpretation of 49 U.S.C. 47133 as set forth in a 2016 letter because the letter did not constitute final agency action. Section 47133 prohibits local taxes on aviation fuel from being spent on anything but aviation. The court held that petitioners' action came too late to challenge the FAA's policy clarification issued in 2014, and it came too early to challenge an FAA enforcement action that may never happen. View "Clayton County, Georgia v. Federal Aviation Administration" on Justia Law

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The Eleventh Circuit affirmed defendant's conviction for operating an aircraft with an unapproved fuel system in violation of 49 U.S.C. 46306(b)(9). The court rejected defendant's contention that the term "operates an aircraft" covers actions during or imminent to flight. The court held that both the United States Code and the Code of Federal Regulations — and clarified through the decisions of the Civil Aeronautics Board and the National Transportation Safety Board — that the term "operate" encompasses the refueling of an aircraft for the purpose of flight. In this case, defendant started the engine of the aircraft and taxied to a maintenance hangar where he refueled the aircraft to prepare for a flight the next day. Therefore, defendant operated the aircraft within the meaning of section 46306(b)(9) when he started, taxied, and fueled the aircraft in preparation for the first of his flights on the voyage to Paraguay. View "United States v. St. Amour" on Justia Law