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Aviation Regulatory & Litigation Developments

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Jul. 2017:

DOT Fines American, Delta and Frontier for Alleged Violations of Aviation Consumer Protection and Civil Rights Requirements.

On July 24, 2017, DOT issued three separate consent orders entered into with American Airlines, Delta Air Lines and Frontier Airlines, for alleged violations of various aviation consumer protection and civil rights requirements, entailing the assessm… Read More

DOT Fines TAP Portugal Following Lengthy Tarmac Delay.

On July 6, 2017, DOT issued a consent order against TAP Portugal for violations of DOT’s tarmac delay rules, involving the assessment of $100,000 in civil penalties.  The enforcement action stemmed from a DOT investigation into a July 2016 tarmac… Read More

Jun. 2017:

New Security Measures for International Commercial Flights Announced.

On June 28, 2017, the U.S. Department of Homeland Security (DHS) announced enhanced security measures applicable to all commercial flights from foreign airports that serve as the last point of departure to the United States, including foreign airport… Read More

May. 2017:

Trump Administration Releases More Detailed Budget Blueprint, Itemizing Requested Cuts to Aviation Programs and Increases to Aviation User Fees, and Endorsing Proposed Spin-Off of ATC Functions.

On May 23, 2017, the White House Office of Management and Budget released its budget blueprint for fiscal year (FY) 2018, detailing proposed budget cuts first unveiled in March 2017.  For FY 2018, the blueprint proposes to reduce discretionary DOT f… Read More

Federal Appeals Court Strikes Down FAA Registration Rule for Hobbyist/Recreational Drones.

On May 19, 2017, the United States Court of Appeals for the District of Columbia issued its decision in Taylor v. Huerta, a closely-watched case brought by a model aircraft enthusiast (Mr. John A. Taylor) challenging an FAA rule adopted in December 2… Read More

EU Moves Closer to Removing Time Limits for Airline Wet Leasing Arrangements Between European Community and U.S. Airlines.

On May 11, 2017, the EU Council announced that it had authorized the European Commission to enter into negotiations with the United States on eliminating time limits on wet leasing, i.e., the provision of an aircraft with crew, arrangements between… Read More

Ninth Circuit Finds Fee Refund Claim for Delayed Baggage Not Federally Preempted

On May 3, 2017, the U.S. Court of Appeals for the Ninth Circuit, in Hickcox-Huffman v. US Airways, reversed a district court’s decision to dismiss, on federal preemption grounds, a breach of contract claim against US Airways in a putative class act… Read More

European Commission Responds to Parliament Resolution Calling for Full Visa Reciprocity with the United States.

On May 2, 2017, in response to a European Union (EU) Parliament resolution that asked for measures to be adopted that would require travelers from the U.S. to obtain visas to visit EU countries, the European Commission announced that it decided not… Read More

Apr. 2017:

Congress Introduces Two Bills Targeting Airline Overbooking Practices.

In the wake of the widely-publicized forced removal by airport security of a passenger involuntarily bumped from United Express Flight 3411 at Chicago’s O’Hare International Airport on April 9, 2017, two bills seeking to change airline overbook… Read More

Federally Obligated Airports Consider Closure and Access Restrictions.

Thousands of U.S. airports are recipients of grants or surplus property from the Federal Aviation Administration, which are accompanied by conditions, including requirements that the recipients continue to operate the airport.  In January 2017, the… Read More