In a major win for the Jackson Walker Appellate and Aviation teams, the Fifth Circuit Court of Appeals ruled unanimously in favor of Jackson Walker client Flight Training International (FTI) regarding a Federal Aviation Administration (FAA) order concerning pilot certification requirements.
At issue was whether the FAA’s issuance of an order was improper and in violation of the Administrative Procedure Act (APA). The FAA issued the order without going through the notice and comment process.
Following two years of filing briefs and arguing before the Fifth Circuit, FTI prevailed. The Court granted FTI’s petition for review and set aside the FAA order (referred to as the “Must-Issue Rule”), stating that the order is a legislative rule that was not promulgated after notice and comment, as required by the APA. This opinion serves as a reminder that agency action must go through required processes.
This victory enables FTI to continue to provide valuable certification courses at training centers in Dallas/Fort Worth, Denver, and Miami.
The Jackson Walker team was led by Appellate Practice Chair Jennifer Caughey and included Dallas attorneys James D. Struble, Justin V. Lee, and Cody A. Martinez.
For more information, view the announcement at https://www.jw.com/news/result-ftiratings-faa-fifth-circuit/