Aviation is extremely complex from both a regulatory and operational perspective and it is constantly changing. Interpretations of the regulations change as do the regulations themselves. Alan Armstrong follows changes in the aviation regulations and writes about them in Flightwatch, a blog/newsletter. He also provides commentary and analysis in the wake of aviation accidents and incidents.
Pham Petition for Rehearing
On May 10, 2022, the United States Court of Appeals for the District of Columbia rendered a decision in Pham v. NTSB and FAA, Case Nos. 21-1062 and 21-1083. The Court found the NTSB did not display sufficient deference to the FAA in imposing sanction. On May 20, 2022, Pham filed a Petition for Rehearing and Rehearing En Banc arguing the effect of the Court’s decision was to undermine the Pilot’s Bill of Rights. Congress, in passing the Pilots Bill of Rights, removed language from 49 USC Sec. 44709(d)(3) saying the NTSB was bound by the FAA’s policy guidance with respect to sanction.
The 2022 Wings Over Colombus Airshow
The 2022 Wings Over Columbus Airshow was an event both ambitious in scope and excellent in execution. Not only were the performers of top caliber, but the airshow provided a vast array of aircraft on static display that were truly remarkable including a DC-3 manufactured in 1937, that in years past was operated by American Airlines and carried the moniker “Flagship Detroit.”
Argument Before the 11th Circuit US Court of Appeals
The case involves the jet ban at Lantana Airport which has been stricken as unlawful by the FAA on three occasions. Arguing a case before an appellate court requires a great deal of preparation.
Delta Requests Department of Justice To Establish a National ‘No Fly List’ For Unruly Passengers
Ed Bastian, CEO of Delta Airlines dispatched a letter seeking cooperation from the US Department of Justice in establishing a National No Fly List.
Pensacola beach Airshow: November 5 and 6, 2021
The backstory on this airshow is that the United States Navy had cancelled the airshow at Naval Air Station Pensacola. Several concerned citizens and business organizations took up the slack and decided to organize a private airshow.
NTSB and FAA drug test error
Can a pilot be sanctioned for refusing a drug test when the technician administering it fails to follow the rules? On Monday, December 13, 2021, the United States Court of Appeals for the District of Columbia will hear oral arguments in Pham v. National Transportation Safety Board and the Federal Aviation Administration.
Judicial deference and the futility of litigating civil penalty cases
In the sphere of administrative law that pertains to aviation litigation, due process is a commodity in very short supply. In fact, the notion of “administrative law” is an oxymoron because of the dearth of due process available in the administrative arena.
Alan Armstrong on CBS on deadly P210 crash
Interview with Crystal Bui of CBS-46 on October 21, 2021, about the crash of a Cessna P210 aircraft at the DeKalb Peachtree Airport on October. 8, 2021.
Structuring Flight Operations of Jet Aircraft
Structuring the operations of expensive aircraft operated by well-endowed corporations is an activity associated with hazards. Engaging in this work requires a thorough understanding of the Federal Aviation Regulations, FAA Advisory Circulars, pertinent exemptions, and case law. In this article, we will examine this complex and confusing area of the law. The basic questions are who or what exercises “operational control” over the flights of the aircraft, and do those operations require the operator to possess an air carrier certificate issued under Federal Aviation Regulations Part 135?
Palm Beach requests stay on jet ban decision at Lantana Airport
On May 3, 2021, Palm Beach County (“PBC”) submitted a letter to the FAA Director of Airports requesting a stay of the FAA’s Final Agency Decision (“FAD”) requiring PBC to permit jets to operate at the Lantana Airport (KLNA). Three days after the FAA Final Agency Decision, PBC filed a Petition for Review with the United States Court of Appeals for the Eleventh Circuit.