News & Analysis as of

Federal Aviation Administration (FAA) Appeals

Bradley Arant Boult Cummings LLP

Understanding the FAA’s ODRA Bid Protest Process: A Guide for Government Contractors

When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the...more

Proskauer - California Employment Law

March 2025 California Employment Law Notes

We invite you to review our newly-posted, March 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Dorsey & Whitney LLP

NEPA Regulations Unravel

Dorsey & Whitney LLP on

The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

Husch Blackwell LLP on

On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Pierce Atwood LLP

Split D.C. Circuit Discards CEQ’s NEPA Regulations

Pierce Atwood LLP on

On November 12, 2024, a split panel of the D.C. Circuit Court of Appeals declined to address whether the FAA complied with the White House Council on Environmental Quality (CEQ) NEPA regulations because those regulations are...more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act: U.S. Court of Appeals for the D.C. Circuit Holds Council on Environmental Quality Lacks...

The United States Court of Appeals for the District of Columbia Circuit (“Court”) issued a November 12th Opinion addressing an issue arising out of the National Environmental Policy Act (“NEPA”). See Marin Audubon Society, et...more

Foley Hoag LLP

First Circuit Rules Amazon Delivery Drivers Not Required to Arbitrate Misclassification Claims

Foley Hoag LLP on

On July 17, 2020, the Court of Appeals for the First Circuit, in an issue of first impression, ruled that an Amazon delivery driver who brought a class action misclassification claim against the company was a transportation...more

Vedder Price

Global Transportation Finance Newsletter - December 2018

Vedder Price on

In This Issue: - Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors - ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme Federal Safe Harbor from Liability...more

Vedder Price

Global Transportation Finance Newsletter - April 2018

Vedder Price on

Aircraft Lender Not Responsible for Customer’s Structuring Strategy - Most business aircraft purchasers, especially high net worth individuals, rely on advice from their various resources when acquiring such expensive...more

Holland & Knight LLP

D.C. Circuit Silences Airport-Noise Critics - Time Limit to Challenge Agency's NEPA Assessment Not Extended Even Though Agency...

Holland & Knight LLP on

• This week's decision by the U.S. Court of Appeals for the District of Columbia Circuit in Citizens Association of Georgetown, et al. v. Federal Aviation Administration confirms that once the FAA issues a final Record of...more

Holland & Knight LLP

Court of Appeals for the D.C. Circuit Denies Petition Seeking Review of FAA Airworthiness Directive

Holland & Knight LLP on

The District of Columbia Circuit Court of Appeals recently upheld a Federal Aviation Administration (FAA) decision to publish an airworthiness directive ordering the removal of certain cylinder assemblies used in piston...more

Goulston & Storrs PC

Rise of the Drones: Flying Over Newton and Registration Requirements Reinstated

Goulston & Storrs PC on

The skies are a little friendlier for drones now that the Dutch police have suspended their squad of drone-hunting eagles. This is also great news for retailers, as drone popularity continues to soar with overall electronics...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

Katten Muchin Rosenman LLP

Model Aircraft Registration Rule Shot Down by DC Circuit

Last Friday, in Taylor v. Huerta, the DC Circuit Court of Appeals vacated a rule requiring individuals who fly small (weighing between 0.55 and 55 pounds on takeoff) drones and other model aircraft for hobby or recreational...more

Maynard Nexsen

US Court of Appeals for the Second Circuit Rules Federal Law Preempts Local Airport Regulations

Maynard Nexsen on

“Noise policy must be carried out at the national level.” So says the United States Court of Appeals for the Second Circuit, in overruling the Town of East Hampton’s attempt to locally control airport noise. The Second...more

Cozen O'Connor

AOPA Asks Supreme Court to Review Sikkelee Decision; Urges FAA Preemption

Cozen O'Connor on

In a notable amicus curiae brief, the Aircraft Owners and Pilots Association (AOPA) has asked the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit (Third Circuit), which allowed...more

Perkins Coie

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

Perkins Coie on

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

King & Spalding

Electronic Privacy Information Center Challenges FAA’s New Drone Rules Over Lack Of Privacy Safeguards

King & Spalding on

On Monday, August 22, the non-profit Electronic Privacy Information Center (“EPIC”) brought suit in the U.S. Court of Appeals for the D.C. Circuit against the Federal Aviation Administration (“FAA”), challenging the lack of...more

Robinson+Cole Data Privacy + Security Insider

Recreational model aircraft hobbyist files appeal against FAA for drone registration

We previously reported that model aircraft hobbyist John Taylor filed suit against the Federal Aviation Administration (FAA) challenging the requirement to register with the FAA in order to fly his model aircraft near his...more

Foley & Lardner LLP

Seventh Circuit: "Frivolous" Argument Saves Jurisdiction

Foley & Lardner LLP on

The Seventh Circuit issued an important opinion by Judge Easterbrook today, Lu Junhong v. Boeing Co., No. 14-1825, a clump of cases that arose after an Asiana Airlines jet manufactured by Boeing struck a seawall while landing...more

Miller Starr Regalia

Kern County’s CEQA Mitigation Measure For Wind Farm Project Relying On FAA Review and Determination of Aviation Safety Impacts Is...

Miller Starr Regalia on

Alleged land use conflicts between newly proposed land uses and existing nearby airports are nothing new, and can produce heated CEQA battles as project opponents often raise “life safety” issues as potential project impacts....more

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